1.   Lot Area Required. The lot and yard requirements for any new building or use shall not include any part of a lot required by any other building or use to comply with the requirements of this Ordinance.

   2.   Reduction of Land Areas. No lot area or required yard, setback, open space or open land shall be so reduced that such area is less than is required by this Ordinance.

   3.   Front Yard Requirements.

      A.   Where a minimum depth of front yard is specified, an open land area of at least the specified depth shall be provided between the street line or lines and the nearest point of any building or structure, except as provided in § 501.3.B, .C and .D, below. Street lines are considered to be established by the future rights-of-way when so designated to avoid interference with anticipated future road widening and improvements.

      B.   For those properties fronting on streets which are classified by the Township Comprehensive Plan as an arterial, the minimum front yard shall be at least 65 feet unless an additional setback for the district is required by this Ordinance.

      C.   Ground story bays and covered porches not over half the length of the front wall may project 5 feet into any front yard. Chimneys, flues, sills, footers, cornices, or gutters may project not more than 2 feet into a required front yard.

      D.   These provisions shall not apply to walls less than 4 feet high above the finished grade in the required front yard.

   4.   Side and Rear Yard Requirements.

      A.   No portion of a building or structure shall be built within the minimum side or rear yard depth as measured from the side lot line or a rear lot line specified herein, except for driveways and those other projections provided in the following provisions:

         (1)   Bays, balconies, chimneys, steps, stoops, footers, wheelchair ramps, covered porches and fire escapes may project into a required side or rear yard not more than 4 feet.

         (2)   Fences with a maximum height of 7 feet, measured above the natural grade, and terraces, wheelchair ramps, uncovered unenclosed porches or decks, or other structures no less than 3 feet above the floor of the ground story may occupy a required side and rear yard, provided that a covered porch or deck shall not be located closer than 15 feet to any side or rear property line.

         (3)   Accessory Structures. Completely detached accessory structures with a height of less than 15 feet and a maximum building floor area of 300 square feet may occupy a required side or rear yard within zoning districts where the principal structure side or rear yard exceeds 15 feet. However, the accessory structure shall not be located closer than 15 feet to any side or rear property boundary. Any other accessory structure shall meet principal building setbacks.

   5.   Through Lots. In the case of through lots, 1 yard shall be designated on the plans as the rear yard and 1 yard as the front yard. The front yard shall be the yard between the building and the street from which the lot takes access.

   6.   Flag Lots. A flag lot is a parcel of land which does not contain the required minimum lot width at the minimum front yard (building setback line) as measured from the street line, but which has direct access to a public street through a narrow strip of land which is part of the same lot. A flag lot consists of the pole being the narrow strip of land with direct access to a public street; and the flag, being the part of the lot that widens to achieve the minimum lot width requirements for the district in which the lot is located. Flag lots are prohibited.

   7.   Exceptions to Minimum Lot Size.

      A.   Larger lot sizes may be required where lots are affected by resource restrictions. The minimum lot size required per lot shall be determined by the district requirements as set forth in Article 6 herein, except that lots with resource restrictions may be required to be larger than the minimum in accordance with § 510 of this Article.

      B.   Lot sizes may need to be larger than the specified minimum lot area in order to accommodate on-lot wastewater disposal systems and to allow for adequate water supply from on-lot wells.

      C.   If a lot proposed for subdivision is subject to a preferential assessment under State Act 319, and a new lot would be required by this Ordinance to be larger than 3 acres, then by special exception, the Zoning Hearing Board may reduce the lot size to 3 acres if the following additional requirements are met:

         (1)   The property owner agrees in writing to continue to have the remainder of the land remain under Act 319 for a minimum of 3 additional years after the date of the special exception decision without creating any new lots.

         (2)   The requirements of State Act 319 for subdivision shall be met.

         (3)   The subdivision shall meet all other requirements of this Ordinance.

         (4)   The County Board of Assessment must be notified in writing of the proposed subdivision. Proof of notification must be submitted to the Township.

         (5)   Slopes greater than 25 percent shall not be disturbed as part of the development of the new lot.

   8.   Height. Except for those exceptions provided for herein, the maximum height of buildings and structures shall be 35 feet. Spires/steeples of places of worship, belfries, silos, agricultural mechanical equipment, utility lines and structures, smokestacks, allowed communications towers, and flagpoles may exceed the maximum height of the district regulations in height provided that they are set back from all lot lines a distance equal to its height and meet all other applicable regulations of this Ordinance. Accessory wind-powered generating facilities (Use H-15), commercial wind-powered generating facilities (Use F-8), and water towers (under Use F-1) may also exceed the maximum height, provided they comply with the provisions for such uses in § 404. Ground-mounted solar photovoltaic (PV) panels (Uses F-7 and H-14) may not exceed 20 feet in height under the provisions in § 404.

(Ord. 173, passed 1-5-2015)

   9.   Lots Divided by Municipal Boundaries. In the case of lots divided by municipal boundaries, the portion of a lot which lies within the Township shall be subject to the rules and regulations of this Ordinance and only that land within the Township shall be used in determining the net build able site area.

   10.   Previous Restrictions. No parcel containing any deed restriction, conservation easement or previous plan restriction forbidding subdivision of that parcel may be further subdivided under this Ordinance or under the Township Subdivision and Land Development Ordinance. No use shall be allowed that would violate a conservation easement or deed restriction that is enforceable by the Township or an incorporated nature conservancy organization.

   11.   Setbacks from Resource Protected Lands. On lots that include lands with floodplains, lakes, ponds, riparian buffers or wetland buffers, the minimum building setback shall be measured from the limit of these resource protected lands rather than from the lot lines, so that the required minimum yard areas are free of resource restricted lands.

(Ord. 158, passed 8-24-2010)

(Ord. passed 10-2-2007, § 500; Ord. 156, passed 4-27-2010, § 27; Ord. 158, passed 8-24-2010, § 01; Ord. 173, passed 1-5-2015, § 13; Ord. 191, passed 1-8-2019)

   1.   Applicability. The requirements of this Section shall apply to all outdoor lighting installations as follows:

      A.   Outdoor lighting installations that are designed, constructed, erected or otherwise placed into operation after the effective date of this Section.

      B.   Alterations, rehabilitations, or renovations to existing outdoor lighting installations, which are commenced after the effective date of this Section, and which involve the replacement of at least 50 percent of an existing lighting system or components with a new lighting system.

      C.   The requirements of this Section shall not apply to routine maintenance of outdoor lighting installations. Routine maintenance includes the following:

         (1)   Replacement of lamps that are burned-out or inoperative with lamps that do not exceed luminairs of those being replaced.

         (2)   Replacement/repair of damaged or inoperative luminaire components such as ballasts, igniters, lenses, reflectors, refractors, sockets or photocell controls.

      D.   Exemptions. The requirements of this Section shall not apply in the following circumstances:

         (1)   Where superseded by State or Federal law.

         (2)   Temporary emergency lighting used by police, fire, emergency medical services, public works or other public safety services.

         (3)   Hazard/warning lights required by State or Federal regulations.

         (4)   Public road street lighting.

         (5)   Temporary seasonal holiday lighting provided such lighting shall not be operated for more than 60 days.

   2.   Adoption by Reference.

      A.   The Township hereby adopts, for the purpose of establishing rules and regulations for the construction, alteration, design, layout, installation and use of outdoor lighting, specifications in the “IESNA Lighting Handbook,” 10th edition, published by the Illuminating Engineering Society of North America (“IESNA”) and hereby incorporates such recommended practices as fully as if set forth at length herein, save and except such portions as are hereinafter deleted, modified or amended. From the date on which this Section shall take effect, the provisions thereof shall be controlling in the design, construction and operation of all outdoor lighting within the Township.

      B.   The recommended practices of the IESNA Lighting Handbook hereby adopted are amended as follows:

         (1)   All the recommendations made in the Lighting Handbook shall be considered mandatory requirements. For the purposes of this Section, the words “should,” “may,” etc., shall be read as “shall” or “must,” the words “recommend” or “recommendation” shall be read as “require” or “requirement,” the phrase “it is recommended” shall be read as “it is required,” and the phrase “it is not recommended” shall be read as “it is prohibited.”

         (2)   Future amendments to the recommended practices of the Lighting Handbook shall become a part of this Section without further action by the Township.

         (3)   Where the Lighting Handbook provides for alternatives, this Section requires that the safest alternative, as determined by the Township, be used.

      C.   General Design Requirements. The design calculations for outdoor lighting installations shall be in accordance with the Lighting Handbook. This includes, but is not limited to, technical definitions, terminology, calculations methods and procedures, photometric classifications and photometric testing procedures. Illuminance selection should be based on the usage of the area to be illuminated, the level of activity, and nighttime security requirements.

      D.   Illumination Levels. Illumination shall have intensities and uniformity ratios in accordance with the current recommended practices of IESNA as contained in the Lighting Handbook.

   3.   General Regulations.

      A.   All outdoor lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard (i.e., disabling glare) to drivers or pedestrians by impairing their ability to safely traverse the lighted area.

      B.   Floodlights and spotlights, when permitted, shall be installed and/or aimed so that they do not project their output at neighboring residences, adjacent uses, directly skyward or onto a roadway, so as not to create a measurable performance standards at lot line as contained in Table 502.1 for a neighboring use or property.

      C.   Maximum Illuminance at Property Line.

         (1)   The following table lists the maximum permitted illuminance levels, from all sources, that can be projected onto an adjacent property:

 

 

         (2)   Designated vehicular, cyclist, and pedestrian entries/exits between properties and public roadways, streets, highways, alleys, and cartways are exempt from requirements listed in Table 502.1. The excepted area of illumination shall not extend beyond 50 feet from the centerline of the designated entry/exit in any direction along the property line(s) of the said property.

      D.   Parking facility and vehicular and pedestrian-way lighting (except for safety and security applications and all-night business operations) for nonresidential uses shall be automatically extinguished no later than 30 minutes after the close of business or facility operation. When safety or security lighting is proposed for after-hours illumination, it shall not be in excess of 25 percent of the number of fixtures or illumination level required or permitted for illumination during regular business hours. When it can be demonstrated to the satisfaction of the Township than an elevated security risk exists, (e.g., a history or relevant crime), an appropriate increase above the 25 percent may be permitted.

      E.   Except as otherwise permitted in this Section, fixtures meeting IESNA full cutoff criteria shall not be mounted in excess of 20 feet above finished grade. Fixtures not meeting IESNA “full cutoff” criteria shall not be mounted in excess of 16 feet above grade.

      F.   Fixtures shall be a type and design appropriate to the lighting application and aesthetically fitting and, where appropriate, based on the recommendation of the Historic Commission for properties designated on the Springfield Township List of Historic Structures or in Historic Areas. The use of searchlights, flashing strobe lights, and laser lights is prohibited.

      G.   Vegetation screens shall not be employed to serve as the primary means for controlling glare. Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

      H.   Electrical feeds for lighting standards shall be run underground. Temporary lighting for permitted special, seasonal events or agricultural work may employ interim overhead wiring.

      I.   Lighting standards in parking areas shall be placed a minimum of 5 feet outside paved area, or on concrete pedestals at least 30 inches high above the pavement, or suitably protected by other approved means.

      J.   Luminaires and ancillary equipment shall be maintained to meet the requirements of this Section.

   4.   Requirements for All Outdoor Area and Private Roadway Lighting Installations, Except Single- Family Dwelling and Farm Properties (Subsection .7, Below) and Outdoor Sports and Recreational Facilities (Subsection .5, Below).

      A.   Use of Full Cutoff Luminaires Required. All luminaires employed in outdoor area and private roadway lighting installations shall be the full cutoff luminaire type.

         (1)   The classification of candlepower distribution of a luminaire as a full cutoff type shall be in accordance with the IESNA Lighting Handbook. The manufacturer of the luminaire shall provide certification of the full cutoff classification based on photometric testing performed in accordance with the Lighting Handbook and the applicable testing procedures referenced therein. The requirement for the use of full cutoff luminaire types shall include, but is not limited to, the following outdoor area and roadway lighting configurations:

            (a)   Pole-mounted luminaires.

            (b)   Luminaires mounted on the exterior of buildings and structures.

            (c)   Luminaires mounted on or within exterior canopies of buildings and structures.

            (d)   Pedestal or bollard mounted luminaires.

         (2)   Full cutoff luminaires shall be mounted plumb and level in accordance with the intended application of their design. For the purposes of this requirement, the photometric nadir of the luminaire (0-degree vertical angle of the candlepower distribution) shall be oriented plumb, and the vertical angle of 90 degrees above nadir (horizontal) shall be oriented level. Full cutoff luminaires shall not be installed in a canted or tilted position that permits light distribution above the horizontal.

         (3)   Luminaires that do not meet the strict definition for full cutoff luminaires, yet employ advanced or alternative technology that causes the photometric performance to approach that of full cutoff luminaires, may be approved by the Township, on a case-by-case basis. Such luminaires include, but are not limited to, period-style luminaires with refractive globes and internal cutoff reflectors. At a minimum, all period-style decorative luminaires, when their use is approved by the Township for a specific application, shall be cutoff luminaires.

      B.   Illumination Under Outdoor Canopies. All outdoor under canopy lighting for such applications as gas/service stations, hotel/theater marquees, fast food/bank/drugstore drive-ups shall comply with the requirements of this subsection. All such canopy lighting shall be accomplished using flat-lens full-cutoff fixtures aimed straight down and shielded in such a manner that the lowest opaque edge of the fixture shall be level with or below the light source. Canopies themselves may not be illuminated, however, with the exception of the portion that is classified as a sign.

   5.   Outdoor Sports and Recreational Lighting. These regulations shall apply to all public and private sports and recreational facilities including, but not limited to, ballfields, ballparks, stadiums, tennis courts, soccer fields, recreation fields, swimming pools, skating rinks, and the like. Where permitted, the outdoor lighting of sports and recreational facilities shall comply with the following requirements:

      A.   All sports and recreational facilities shall be illuminated with the following two systems:

         (1)   Performance Area Lighting. This is the lighting directed upon the field, court, rink, etc., to illuminate the sports/recreational activity taking place upon/within that facility. The maximum permitted post heights for the performance area lighting is 60 feet. Post height shall be limited to minimum height necessary to meet the performance area lighting needs of that specific sports/recreational use as determined by the Township, based on evaluation of the proposed lighting plan.

         (2)   General Area Lighting. This is a low-level lighting system used to facilitate pedestrian circulation, patrons leaving the facility, cleanup, nighttime maintenance, etc. General area lighting shall meet all the requirements for outdoor area and roadway lighting installations listed above in subsection .4.

      B.   Use of Full Cutoff Luminaries Required. All luminaires employed in outdoor sports and recreational lighting installations shall be the full cutoff luminaire type unless the performance area lighting needs of the sports/recreational use cannot be met through the use of full cutoff luminaires, as determined by the Township, based on evaluation of the proposed lighting plan.

      C.   Use of Glare Shields Required for Non-cutoff Luminary Types. Where non-cutoff luminaires, such as floodlights, are specifically permitted by the Township for performance area lighting, the luminaires shall be equipped with glare shields, visors, barn doors or other similar shielding accessories as required, to the extent practicable, to cut off candlepower distribution at angles below the horizontal (level) to restrict direct illumination to within the performance area being illuminated for sports and recreation purposes.

      D.   Design Submittal and Approval Requirements. The design for all outdoor sports and recreation lighting installations shall be submitted for review and approval by the Township, according to the requirements of the Subdivision and Land Development Ordinance, § 403.

      E.   Permission to illuminate such facilities shall be granted only when the Township is satisfied that the health, safety and welfare rights of nearby property owners and the Township as a whole have been properly protected. All sports and recreational lighting shall be extinguished when the performance area is not in use. In addition, the performance area lighting shall be turned off no more than 30 minutes after the end of the event or use of the sports-recreational facility.

      F.   For-profit recreational facilities can be illuminated only in the HC or PI Districts.

   6.   Requirements for Outdoor Nonresidential Sign Lighting, Outdoor lighting of Facades of Buildings and Structures and Outdoor Landscape Lighting.

      A.   Applicability of Requirements. The requirements of this subsection apply to all outdoor lighting installations employed for the nighttime illumination of signs, billboards, the facades of buildings and structures, fountains, trees, shrubs, vegetation and the like.

      B.   Use of Full Cutoff Luminaries Required. All luminaires employed in outdoor lighting of signs, facades and landscape shall be of the full cutoff luminaire type.

      C.   See Article 9 for regulations regarding illumination of signs and billboards.

      D.   Fixtures used for architectural lighting, e.g., facade, fountain, feature and landscape lighting shall be designed, fitted and aimed so as not to project their output beyond the objects intended to be illuminated.

      E.   All outdoor lighting falling under the requirements of this subsection shall be extinguished between 11 p.m. and dawn. This restriction does not apply to nonresidential uses that are open between the hours of 11 p.m. and dawn, in which case the lighting must be extinguished when the nonresidential use is closed.

   7.   Requirements for Residential and Farm Outdoor Lighting.

      A.   Applicability of Requirements. The requirements of this subsection apply to all outdoor lighting installations located on residential lots developed with a single-family dwelling, a two- family dwelling, or a farm. Luminaries with an aggregate rated output of 500 lumens (approximately the intensity of a standard 40-watt incandescent lamp) are exempt from the requirements of this subsection.

      B.   Use of Glare Shields Required for Non-cutoff Luminaire Types. All non-cutoff luminaires, such as floodlights, shall be equipped with glare shields, visors, barn doors, or other similar shielding accessories as required to meet the following criteria:

         (1)   For area lighting applications, the candlepower distribution from all luminaires shall be cutoff at and above the horizontal (level).

         (2)   For all other applications, the candlepower distribution from all luminaires shall be cutoff at all angles beyond those required to restrict direct illumination to within the area or surface being illuminated.

   8.   Temporary Outdoor Lighting.

      A.   Applicability of Requirements. The requirements of this subsection apply to all outdoor lighting installations which are employed on a temporary basis not exceeding 30-days in duration. Temporary lighting installations include, but are not limited to, carnivals, community fairs, traveling circuses, and the like.

      B.   Use of Glare Shield Required for Non-cutoff Luminaire Types. All non-cutoff luminaires such as floodlights shall be equipped with glare shields, visors, barn doors, and other similar shielding accessories as required to cutoff candlepower distribution at all angles beyond those required to restrict direct illumination to within the perimeter of the area, surface, object or feature being illuminated.

   9.   Lighting Plan. The design for all nonresidential (commercial, industrial, institutional, sport and recreational) outdoor area and private roadway lighting installations, excluding agricultural installations, shall be submitted for review and approval by the Township prior to issuance of a zoning permit and construction of the outdoor lighting installation. Requirements for the lighting plan are detailed in the Subdivision and Land Development Ordinance, § 403.

   10.   Post-Installation Inspection.

      A.   The Township reserves the right to conduct a post-installation nighttime inspection to verify compliance with the requirements of this Ordinance, and if appropriate, to require remedial action at no expense to the Township.

(Ord. passed 10-2-2007, § 501; Ord. 170, passed 6-24-2014, Art. II)

   1.   General Buffer Requirements.

      A.   Landscape buffers shall contain trees, evergreens, shrubs, groundcovers, berms, fences, or a combination of these features, placed along a street or property line for the purposes of separating one land use from another land use, or to shield or block lights, noise, or visual impacts, and to preserve the natural landscape of the Township.

      B.   No structures, buildings, uses, storage of materials, or parking shall be permitted in the buffer yards. Access driveways may cross buffer yards provided that they are perpendicular to the property line. Trails and sidewalks may be located at the edge of a required buffer, provided that the required planting is not diminished. Detention/retention basins and grading required for basin berms/slopes constructed as part of a stormwater management plan shall not be permitted in a required buffer yard.

      C.   Where vegetation exists that meet the objectives and planting standards of the buffer requirements, it shall be preserved and may be used to meet the buffer and planting requirements. Quantities, size, species, genus, and locations of existing materials must be shown on plans and verified by the Township. Where the Township allows existing vegetation to be counted toward meeting the buffer requirements of this Ordinance, the vegetation shall not be removed except for dead plants, or exotic invasive species, and noxious weeds as defined by Act 72 of 1994, as amended. Additional plantings shall be required if the existing vegetation is not adequate to meet the buffer standards for density, width, or size. The vegetation shall be protected by recorded plan note to insure that it remains as a part of the subdivision or land development.

      D.   The buffer yard may overlap the required front yards and in case of conflict, the larger dimensional requirement shall apply. Buffer areas shall be provided in addition to the required minimum side and rear yards if needed to provide a minimum depth of 25 feet, as measured from the principle structure, which is exclusive of the required buffer. Where buffers are required, they shall be provided along the entire length of the property line (except for Type 4 and Type 5 buffers). Any fencing shall be placed on the inside of required buffer plantings, unless approved in another location for a quarry. Planting designs that have a naturalistic appearance with a mix of species will give privacy but do not block views or vistas are recommended, as opposed to rigid rows of the same species.

      E.   All buffer yards shall be maintained and kept clean of all debris. Required buffer plantings shall not be removed as long as they are viable.

      F.   Buffers shall be required as specified in this Section where the uses to be buffered are directly abutting as well as where the uses are across a street from each other.

      G.   Minimum width buffer yards do not count as open space. However, required open space may be used to meet the requirements for buffers where the open space has a minimum contiguous area of 4 acres and a minimum width of 200 feet.

      H.   Easements shall be provided for all buffers; a buffer easement shall be shown on all plans. The easement shall require that the property owner be responsible for maintenance of the buffer area and all vegetation within the buffer easement.

      I.   If a buffer already exists on an adjacent property that meets the requirements of this Ordinance, additional buffering shall not be required when a new use is established. If the existing buffer is substandard, additional area and plantings shall be added to meet the ordinance requirements.

      J.   The screen planting shall be spaced so that at maturity it will not be closer than 3 feet from any right-of-way nor shall it encroach upon a required clear sight triangle.

   2.   Summary of Buffer Locations and Types.

 

   3.   Types of Buffers.

      A.   Nonresidential/Residential Separation Buffers. Type 1 buffer shall be provided wherever a nonresidential use abuts a residential use or a residentially zoned district.

      B.   Single-Family/Multi-Family Separation Buffers. Type 1 buffers shall be provided wherever a multi-family residential development, townhouse/attached development or a mobile home park abuts a single-family residential use or district. The buffer shall be located on the multi-family or mobile home park property.

      C.   Reverse Frontage Buffers. Type 2 buffers shall be provided where a rear or side yard of any residential or nonresidential use abuts an arterial or collector road, or any existing perimeter street not part of a new development.

      D.   Farmland Preservation Buffer. Type 3 buffer yard shall be required where residential or nonresidential uses abut farmland.

      E.   Visual Screen for Storage and Maintenance Activities. Type 4 buffer yard, which shall include fence and plantings sufficient to provide a visual screen.

      F.   Parking lot periphery for retail and consumer service, institutional and office uses. Type 5 buffer, consisting of a landscaped area 20 feet in width provided at the periphery of all lots used for retail and consumer service, office or industrial activities. Where a larger buffer is required by other sections of this Ordinance the larger buffer shall be provided.

   4.   Buffer Dimension and Planting Requirements.

      A.   Type 1 Buffer. Buffer design and plant materials (nonresidential/residential separation buffer and single-family/multi-family separation buffer) shall be as follows:

         (1)   Buffer width–25 feet.

         (2)   Screened planted area–minimum of 25 feet.

         (3)   Berming may be provided if it contributes to the screening effect and if it can be blended into the topography. The undulating berms shall vary between 3 and 6 feet in height and shall meander in a naturalistic fashion without adversely affecting drainage. Slope ratios shall not be less than 3 to 1 (horizontal to vertical).

         (4)   Plant materials shall comply with the requirements of the following chart:

 

 

      B.   Type 2 Buffer. Buffer design and plant materials (reverse frontage buffer) shall be as follows:

         (1)   Buffer width–100 feet.

         (2)   Screened planted area–minimum of 50 feet closest to the street or bordering lot line.

         (3)   Preserve existing trees and supplement with shade-tolerant evergreens, trees and shrubs selected from plant list in the Township Subdivision/Land Development Ordinance.

         (4)   Planted area shall completely screen the views of abutting yards from the street from ground level to 6 feet above ground level at plan maturity.

         (5)   Berming may be provided; vertically and horizontally meandering berms suggesting a rolling landscape shall be incorporated into the grading design without adversely affecting drainage. Berms shall be 3 to 6 feet in height and shall vary in height and slope. Slope to height ratios shall not be less than 3 to 1.

 

 

      C.   Type 3 Buffer. Buffer design and plant material (farmland buffer) shall be as follows:

         (1)   Buffer width–25 feet.

         (2)   Planted area–minimum of 10 feet in width.

         (3)   The farmland area shall be separated from the residential area by a fence placed on the property line.

         (4)   The 10 feet immediately adjacent to the fence shall be planted with inkberry holly, bayberry and red twig dogwood or other shrub material as approved by the Township in informal groupings to achieve a naturalized farmland buffer as an adequate separation between farmland and developed land.

         (5)   The remaining 15 feet abutting the farmland shall be planted in grasses or wildflowers to be mowed or ground-covering plants on a slope not to exceed a 4 to 1 (horizontal to vertical).

 

 

      D.   Type 4 Buffer. Buffer design and plant materials shall be as follows:

         (1)   Buffer shall consist of a solid fence with evergreen plantings along the exterior face to be planted around storage areas and yards to provide security and a complete visual screen. Buffer width shall be wide enough to accommodate a fence and evergreens or shrubs abutting the fence.

         (2)   A buffer wide enough to accommodate a fence and plantings abutting the fence is required.

         (3)   A solid fence shall be provided. The fence height shall be adequate to provide a complete visual screen from adjoining properties but not to exceed 8 feet in height. Fence details shall be provided with the landscape plan. Along the exterior face of the fence there shall be a row of shrubs and/or evergreens in a hedging habit planted at a rate to obscure the appearance of the fencing after a 5-year growing period. Minimum shrub and upright habit evergreen height at planting shall be 4 feet.

 

 

      E.   Type 5 Buffer. Buffer design and plant materials shall be as follows:

         (1)   A 20-feet wide buffer area is required.

         (2)   Shrubs with a planted minimum height of 3 feet shall be installed, with shade trees interspersed, in a continuous band with a spacing not exceeding 5 feet on center for shrubs and 30 feet on center for trees. Walls and/or fencing may be integrated with the required planting.

 

 

   5.   Planting Requirements near Overhead Utility Lines.

      A.   Where street trees are to be planted along streets with overhead power lines, the following requirements shall be met:

         (1)   If trees are to be planted within 15 feet of a utility pole or line, measured along the ground from the base of the pole, only trees which grow no taller than 25 feet shall be planted.

         (2)   If trees are to be planted within 15–25 feet of a utility pole or line, measured along the ground from the base of the pole, only trees which grow no taller than 40 feet shall be planted. Refer to Township Plant List in the Subdivision and Land Development Ordinance for specifications and acceptable trees.

   6.   Existing Trees in Right-of-Way. Trees in the right-of-way of Township roads, where the right- of-way belongs to the Township, shall not be removed without Township approval except within the clear sight triangle and except for the removal of dead or unhealthy trees or nonnative invasive trees. All trees within the right-of-way shall be included in the landscape plan.

   7.   The following characteristics shall be considered when selecting trees and shrubs for buffer planting:

      A.   Wildlife values–provision of food and habitat for wildlife.

      B.   Species longevity.

      C.   Native to the area.

      D.   Maintaining the diversity of species in the area.

      E.   Hardiness (wind firmness, climate requirements, characteristics of soil to hold tree).

      F.   Existence of disease, rot, or other damage to tree.

      G.   Susceptibility of insect and disease attack and to pollution.

      H.   Aesthetic values (autumn, coloration, type of flowers or fruit, form characteristics).

      I.   Maintenance and care (pruning, etc.).

      J.   Comfort to surroundings (summer shade).

      K.   Protection of buildings, vehicles and pedestrians.

      L.   Size at maturity.

      M.   Effect of soil retention and erosion control.

      N.   Value as a noise buffer.

      O.   Invasive species of trees and plants shall be avoided and may be removed, such as Norway Maples.

   8.   Buffers may be reduced or eliminated at the discretion of the Board of Supervisors in the VR and VC District only, where buffering would adversely affect the mix of uses and activities in a village setting.

   9.   The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within 8 months by the current owner. Financial security shall be posted with the Township in an amount equal to the estimated cost of trees and plantings, to be released 18 months from the date of acceptance of installation. A plan for perpetual care of the buffer area shall be provided to the Township. Failure to maintain the required buffer shall be considered a violation of this Ordinance. Use of existing vegetation is encouraged and it may be used to meet or partially meet requirements of this Ordinance if acceptable to the Township.

(Ord. passed 10-2-2007, § 502)

   1.   All off-street parking, loading, access facilities and service areas used by motor vehicles shall comply with the following provisions and with the parking requirements set forth in Article 4. All required parking spaces shall be provided off-street and on the same lot as the principal use served, except that the Zoning Hearing Board may approve parking on an adjacent commercially-zoned lot as a special exception if the applicant proves that an appropriate legal mechanism will be in place to ensure that the parking continues to be available as long as the use is in operation.

   2.   Structures and uses in existence at the date of adoption of this Ordinance shall not be subject to the requirements of this Article so long as the kind or extent of use is not changed, provided that any parking facility now serving such structures or uses shall not in the future be reduced below its current extent or below what is required by this Ordinance.

   3.   Whenever there is an alteration of a use which increases the parking requirements, the total additional parking required for the alteration, changes or extension shall be provided in accordance with this Ordinance.

   4.   Parking space and travel aisle dimension shall be in conformance with Chapter 153, Appendix A, § 524.

   5.   Shared Parking for Mixed Uses.

      A.   The parking requirements for each individual use within a mixed use development shall be met.

      B.   Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. However, the number of spaces required in a common parking facility may be reduced below this total if it can be demonstrated to the Board of Supervisors that the hours or days of peak parking needed for the uses are so different that a lower total will provide adequately for all uses served by the facility. Area for spaces which are required but not built under this provision shall be reserved in accordance with subsection .6 below.

   6.   Reservation of Nonresidential Parking Areas. In order to prevent the establishment of more parking spaces than are immediately needed, the Board of Supervisors may allow for a portion of the required parking area to be built at a later date, provided that the following conditions are met:

      A.   The parking lot design must designate sufficient space to meet the total parking requirements. The plan shall illustrate the layout for the total number of spaces.

      B.   A minimum of 60 percent of the required spaces shall be built with the completion of the project. An area adequate to accommodate the remaining 40 percent may be reserved as open land until needed. The reserved area shall not include any required buffers, setbacks, or yard areas in which parking would not be permitted under this Ordinance. The percentage of parking spaces to be constructed with the completion of the project shall be determined by the Board of Supervisors, provided that the minimum 60 percent requirement shall be met in any case.

      C.   A landscape plan for the reserved area shall be provided and approved by the Board of Supervisors.

      D.   As a condition of receiving an occupancy permit, the applicant shall establish a performance bond and an agreement shall be executed with the Township and recorded to construct the additional spaces if the Board of Supervisors determines that they are needed. This agreement shall apply to any future owners of the property.

      E.   The reserved parking area cannot be used to meet the parking requirements for future expansions of the facility, unless it is specifically released in writing by the Board of Supervisors if the applicant proves that it was unneeded based upon actual experience.

      F.   The stormwater management system of the lot shall be designed so that it can be improved to serve the full parking area, if needed.

   7.   Parking in Required Yard Areas. Parking spaces for nonresidential principal uses may occupy up to 25 percent of the required front yard setback area and shall not occupy any required buffer yard.

   8.   Location of Parking Areas. Off-street parking shall be located to the side or rear of the principal structure rather than in front of the principal structure wherever possible.

   9.   Maintenance of Parking Areas. For parking areas of three or more spaces, the area not landscaped shall be graded, surfaced with asphalt, concrete, paving block or other suitable low-dust material approved by the Township, and drained to the satisfaction of the Township Engineer to the extent necessary to prevent dust, erosion, or excessive water flow. All parking spaces shall be marked so as to indicate their location.

(Ord. passed 10-2-2007, § 503; Ord. 191, passed 1-8-2019)

   1.   For the purpose of servicing any property held in single and separate ownership, entrance and exit drives crossing the street lot line shall be limited to two along the frontage of any single street, and their center lines shall be spaced at least 200 feet apart. No driveway shall be placed closer to any street intersection than 40 feet.

   2.   All access drives shall be at least 5 feet from any side or rear lot line except where a driveway provides shared access to adjoining properties.

(Ord. passed 10-2-2007, § 504; Ord. 156, passed 4-27-2010, § 28; Ord. 191, passed 1-8-2019)

   1.   Adequate off-street loading and unloading space with proper access from a street, highway, common service driveway or alley shall be provided for all nonresidential uses. Such space shall be sufficient in size and design to accommodate the maximum demand generated by the use of the lot.

   2.   All areas for the loading and unloading of delivery trucks and other vehicles and for servicing of establishments and/or shops by refuse collection, fuel or other service vehicles, shall have adequate and unobstructed access from a street, service driveway or alley and shall be so arranged that they may be used without blocking or otherwise interfering with the use of automobile access ways, parking facilities, or pedestrian ways or backing out onto a street.

   3.   All areas shall be properly surfaced and adequately drained and shall be constructed in accordance with standards established by the Township.

   4.   All loading berths shall be located at the side or rear of the property and shall be screened from view by fencing or landscaped buffers.

(Ord. passed 10-2-2007, § 505)

   1.   No wells may be dug or drilled on the premises except as permitted by the appropriate State, Bucks County Health Department, Township or other governmental authorities.

   2.   A zoning permit shall be conditioned upon receipt of a well permit from the County Health Department.

(Ord. passed 10-2-2007, § 506)

   1.   Smoke, Ash, Dust, Fumes, Vapors, Odors and Gases.

      A.   There shall be no emission of smoke, ash, dust, fumes, vapors, or gases which violate State or Federal Air Pollution Control laws and regulations. No use shall generate odors or dust that are offensive to persons of average sensitivities beyond the boundaries of the subject lot.

      B.   The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to health, to animals or vegetation or other forms of property, or which can cause injury to persons or damage to property of others at any point beyond the lot line of the use creating the emission is herewith prohibited.

      C.   See the preemption of certain matters in the Pennsylvania Right-to-Farm Act.

   2.   Noise.

      A.   No principal or accessory use, or operations or activities on its lot, shall generate a sound level exceeding the limits established in the table below, when measured at the specified locations:

      B.   Sound Level Limits by Receiving Land Use/District.

 

 

      C.   The maximum permissible sound level limits set forth in the above table shall not apply to any of the following noise sources:

         (1)   Sound needed to alert people about an emergency.

         (2)   Repair or installation of utilities or construction of structures, sidewalks or streets between the hours of 7 a.m. and 8 p.m., except for clearly emergency repairs which are not restricted by time.

         (3)   Lawnmowers, snow blowers, leaf blowers, and household power tools between the hours of 7 a.m. and 9 p.m.

         (4)   Pets, agricultural activities, and livestock, but not exempting a commercial kennel.

         (5)   Public celebrations, festivals, charitable fundraising activities and special events specifically authorized by the Township Supervisors or a county, State or Federal government agency or body.

         (6)   Unamplified human voices.

         (7)   Routine ringing of bells and chimes by a place of worship or municipal clock.

         (8)   Vehicles operating on a public street, railroads and aircraft.

         (9)   Snowmaking as part of a commercial recreation use.

         (10)   Occasional target practice by a person during daylight hours on their own property.

      D.   Pure Tone Penalty. In the event audible noise contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise shall be reduced by 5 dB(A). A pure tone is defined to exist when: the one-third octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels on the two contiguous one-third octave bands by 5 dB(A) for center frequencies of 500 Hz and above, and 8 dB(A) for center frequencies between 160 and 400 Hz, and by 15 dB(A) for center frequencies less than or equal to 125 Hz.

      E.   Repetitive, Impulsive Sound Penalty. In the event the audible noise contains repetitive, impulsive sounds, the standards for audible noise shall be reduced by 5 dB(A).

      F.   Pure tone and Repetitive, Impulsive Tone Penalty. In the event the audible noise contains both a pure tone and repetitive impulsive sounds, the standards for audible noise shall be reduced by a total of 5 dB(A).

      G.   If the ambient noise level (exclusive of the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure in dBA, which is exceeded for more than 5 minutes per hour. Ambient noise levels shall be measured at the property lines of the parcel in question.

(Ord. 173, passed 1-5-2015)

   3.   Glare or Heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind adequate shielding in such a manner as not to create a nuisance to those working or living in the area.

   4.   Radioactivity or Electrical Disturbance. There shall be no activities which emit dangerous radioactivity at any point. There shall be no electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. If any use is proposed which incorporates the use of radioactive material, equipment, or supplies, such use shall be in strict conformity with Title 25 of the DEP Regulations.

   5.   Outdoor Storage and Waste Disposal and Dumpster Screening.

      A.   All outdoor storage facilities for fuel, raw materials and products, and all fuel, raw materials and products stored outdoors shall be enclosed by a fence adequate to provide security for the property. Storage of flammable materials and fuels shall meet the National Fire Prevention Code and regulations of DEP. All underground storage tanks shall be registered with the State pursuant to State law. Outdoor storage facilities shall be separated by a buffer yard meeting § 503 from any street or residential lot or residential district. This subsection shall not apply to farm or residential tanks of 1,100 gallons or less capacity used for noncommercial purposes.

      B.   No materials or wastes shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces. Dikes must be constructed around above ground liquid storage facilities to preclude such transference in the event of failure of the facility. Hazardous substances shall not be kept in a drainageway and shall not be discharged into a waterway, swale or drainage device, nor into the 100-year floodplain, any riparian buffer or wetland.

         (1)   See regulations in the Floodplain Article (Article 7) that regulate the storage of hazardous substances in the 100-year floodplain. See also any regulations in the source water and wellhead protection regulations in § 517.

   (Ord. 156, passed 4-27-2010)

      C.   All materials or wastes which might cause flames or dust, or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only in enclosed containers adequate to eliminate such hazards and in accordance with all State and Federal regulations. Storage shall not occur in a manner that could cause contamination of a stream.

      D.   Hazardous material or waste may not be stored in the 100-year floodplain, any riparian buffer or wetland.

   (Ord. 156, passed 4-27-2010)

      E.   Trash Dumpster and Location.

         (1)   Any newly placed solid waste dumpster shall be screened on at least three of four sides as necessary to screen views from public streets and dwellings.

         (2)   Such screening shall consist of decorative masonry walls, mostly solid weather- resistant wood fencing, fencing of a similar appearance, or primarily evergreen plantings.

         (3)   To the maximum extent feasible, as determined by the Zoning Officer, an outdoor solid waste container with a capacity of over 15 cubic feet shall be kept a minimum of 20 feet from the walls of a dwelling on an abutting lot.

         (4)   If a solid waste dumpster is moved from one part of a lot to another part of a lot, then it shall come into compliance with this Section.

         (5)   This Section shall not apply to dumpsters temporarily placed during actual construction or demolition on the premises.

         (6)   If a building includes four or more dwelling units, then the owner shall provide at least one solid waste dumpster with a lid and have it regularly emptied.

   6.   Waste and Sewage.

      A.   No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste or wash water or residential chemicals from industrial and commercial equipment into any reservoir, lake, or watercourse or discharge any untreated sewage or industrial waste into any stream. All methods of industrial waste treatment and disposal shall be approved by the Township, DEP and/or the County Health Department.

      B.   Any wastewater treatment facility shall be properly maintained and operated so as to comply with the permitted effluent pollutant levels and within their design capabilities at all times.

      C.   Central Water Service. A use shall not be considered to be served by central water service unless:

         (1)   All applicable requirements of State regulations and the Subdivision and Land Development Ordinance are met.

         (2)   The applicant proves to the satisfaction of the Township that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator.

         (3)   The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate supply, transmission capacity and pressure to serve the development.

      D.   Central Sewage Service. A use shall not be considered to be served by “central sewage service” unless:

         (1)   All applicable requirements of State regulations and the Subdivision and Land Development Ordinance are met.

         (2)   The applicant proves to the satisfaction of the Township that there will be an appropriate system in place to guarantee and properly fund the long-term operation and maintenance of the system by a qualified professional operator.

         (3)   The applicant proves to the satisfaction of the Township, based upon review of the Township Engineer, that the system will include adequate treatment capacity and conveyance capacity to serve the development.

      E.   On-Lot Septic Systems.

         (1)   Purpose. To ensure that a suitable location is available for a new sewage disposal area if the original sewage disposal area should malfunction.

         (2)   This Section shall only apply to a lot that is officially submitted for subdivision or land development approval after the adoption of this Ordinance.

         (3)   Each lot shall include both a primary and a reserve sewage disposal area location. Both locations shall be determined by the County Health Department to meet PA Department of Environmental Protection regulations for a septic system location prior to approval of the final subdivision or land development plan.

         (4)   The requirement for a reserve sewage disposal area shall not apply to the following:

            (a)   The simple merger of two or more existing lots, or an adjustment to lot lines of an existing lot.

            (b)   A vacant lot that includes a permanent deed restriction or conservation easement prohibiting any construction of buildings on the lot.

            (c)   Lots within a subdivision or land development that will abut a complete capped sewage system constructed by the developer, the design of which has been approved by the Township.

            (d)   A spray irrigation system.

         (5)   The reserve septic system location shall be kept clear of buildings, structures and parking, and shall be shown on any subsequent applications for new or expanded buildings or parking. The reserve septic location is to not be planted in trees and the soil shall remain in place with minimal disturbance. The Township may require that the location be recorded on the deed.

      F.   Expansion of Septic Use. If the Zoning Officer has reason to believe that a proposed increase in the number of dwelling units or expansion or change of a nonresidential use would result in increased flow to a septic system, then the application shall be referred to the County Health Department. The County Health Department shall require modification, expansion or replacement of the septic system if necessary to handle the proposed flow.

   7.   Electrical, Diesel, Gas or Other Power. Every use requiring power shall be so operated that the service lines, substations and similar facilities shall conform to the highest safety requirements known, shall be so constructed and installed so as to be an integral part of the architectural features of the plant. Electric substations shall be separated from any street and abutting lot lines by a buffer yard meeting § 503.

   8.   Soil Erosion and Sedimentation Control . All earth disturbance activities must be in compliance with the regulations of DEP and the County Conservation District standards and must be undertaken in accordance with a Soil Erosion and Sedimentation Control Plan that meets the requirements of the Subdivision and Land Development Ordinance and Stormwater Ordinance.

   9.   Utilities. All newly installed service lines of public utilities and similar facilities servicing any proposed development shall be installed underground.

   10.   Vibration. No use shall cause vibration of the ground on another lot that is perceptible to persons without the use of instruments. No vibration shall be produced which is transmitted through the ground and is discernable without the aid of instruments at or beyond any lot line; nor shall any use cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of construction activity. Vibration shall be expressed as displacement in inches and shall be measured with a standard three component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions. Single impulse aperiodic vibrations occurring at an average interval greater than 5 minutes shall not induce accelerations exceeding .01g.

 

 

(Ord. passed 10-2-2007, § 507; Ord. 156, passed 4-27-2010, § 29; Ord. 173, passed 1-5-2015, § 08)

   1.   Applicability. All activities and uses established after the effective date of this Ordinance shall comply with the following standards. Any site alterations, regrading, filling, or clearing of vegetation shall be done only after the granting of a zoning permit, in accordance with Article 12 or the approval of subdivision or land development plans in accordance with the Township Subdivision or Land Development Ordinance and the approval of building permits.

      A.   Natural resources that are regulated by § 509 shall not be disturbed or altered prior to the application for a Township permit and approval by the Township. If healthy trees are removed, land is graded, or land drained for agriculture less than three (3) years before an application is submitted for a Township permit or subdivision or development approval under § 509 , then such trees shall be presumed to have been removed, land graded or land drained in anticipation of the development, and the land shall be regulated as if the trees, watercourses or wetlands and pre-existing graded were still in place. In no case shall total woodland preservation on a property fall below the standards enumerated in table 509.B.

         (1)   If trees were removed in excess of the limits set forth in Township ordinances, the current landowner or developer shall be required to replace trees removed during such 24- month time period.

         (2)   If trees were removed in excess of the limits required by a Township development approval, then the applicant shall be required to replace such trees that were removed within 9 months with trees of similar species, subject to approval of the Township.

         (3)   Replacement of trees shall be based upon the actual number and size of trees or forest that was removed that was in excess of the allowed disturbance. For each caliper inch of such trees that were removed, a minimum of 3 caliper inches of new trees shall be planted.

         (4)   If it is not possible to determine the caliper inches of trees that were removed in excess of the allowed disturbance, then a minimum of 2,000 caliper inches of trees per acre shall exist after replanting. If there is mutual consent of the Township and the applicant, then such replacement tree planting may be allowed to occur on an alternative site that serves a public benefit. All costs of re-planting of trees, whether on-site or off-site, shall be the responsibility of the applicant.

         (5)   Any tile installation for land draining shall be removed and the watercourses or wetlands restored to the satisfaction of the Township. In the event that the original extent of watercourse or wetland cannot be determined, the amount of required riparian or wetland buffer shall be doubled in the disturbed area.

      (Ord. 156, passed 4-27-2010)

      B.   The following natural resources shall be protected in the percentages listed for each zoning district:

 

   (Ord. 144, passed 12-11-2007)

   2.   Natural Resources and Protection Standards. All natural resources defined by this Section shall be mapped and described in accordance with the Township Subdivision and Land Development Ordinance requirements for the site analysis and resource conservation plan.

      A.   Floodplain. Any areas of the Township, classified as special flood hazard areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated March 16, 2015, and issued by the Federal Emergency Management Agency (FEMA) or the most recent revision thereof, including all digital data developed as part of the Flood Insurance Study and, for areas abutting streams and watercourses where the 100-year floodplain (1 percent annual chance flood) has not been delineated by the Flood Insurance Study, the applicant shall submit a floodplain identification study. The study prepared by a registered professional engineer expert in the preparation of hydrologic and hydraulic studies shall be used to delineate the 100-year floodplain. The floodplain study shall be subject to the review and approval of the Township. All areas inundated by the 100-year flood shall be included in the floodplain area.

         (1)   Floodplain shall be permanently protected and undeveloped, except that utilities, roads and driveways may cross floodplain where design approval is obtained from the Pennsylvania Department of Environmental Protection and as permitted within the Springfield Township Floodplain Ordinance.

         (2)   Uses Permitted by Right. The following uses and activities are permitted in floodplain provided that they are in compliance with the provisions of the underlying zoning district, conform to all requirements of the Springfield Township Floodplain Ordinance, are not prohibited by any other ordinance and do not require structures, fill or storage of materials or equipment:

            (a)   Agricultural uses such as general farming, outdoor plant nurseries, horticulture, truck farming, forestry, and wild crop harvesting.

            (b)   Public and private recreational uses and activities such as parks, day camps, picnic grounds, boat launching and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries, and hunting and fishing areas.

            (c)   Accessory residential uses such as yard areas, gardens, and play areas.

         (3)   Uses Permitted by Special Exception. The following uses and activities are permitted in floodplain by special exception provided that they are in compliance with the provisions of the underlying district, conform to all requirements of the Springfield Township Floodplain Ordinance and are not prohibited by any other ordinance:

            (a)   Utilities, public facilities and improvements such as railroads, streets, driveways, bridges, transmission lines, pipe lines, water and sewer lines, and other similar or related uses.

            (b)   Water related uses and activities such as marinas, docks, wharves, boat launches and piers.

            (c)   Storage of materials and equipment provided they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, and provided such material and equipment is firmly anchored to prevent flotation or movement. Storage or materials and equipment listed in Section 5.04 of the Springfield Township Floodplain Ordinance shall be prohibited.

            (d)   Stream crossings for utilities, driveways and streets.

         (4)   Floodplain Protection Standards. No structures, filling, piping, diverting, or stormwater detention basins shall be permitted within the 100-year floodplain, any riparian buffer or wetland except that roads, driveways, utilities, dams, culverts, bridges, storm or sanitary sewer facilities may be located in the 100-year floodplain, riparian buffer or wetland where approval is obtained from DEP, the Township by special exception, and other regulatory agencies that have legal jurisdiction. The following activities are specifically prohibited in the 100-year floodplain, riparian buffer or wetland: deposit of any material including refuse, solid or liquid waste or fill, sediment, or animal wastes; removal of fill or sediment; mining, dredging or excavation; on-site or community sewage disposal systems; removal of natural vegetation including trees, shrubs, and ground cover unless accompanied by replanting of vegetation that serves the same effect; construction of any building or structure, except as permitted by the Springfield Township Floodplain Ordinance; and relocation of a stream bed or removal of a stream bank, except for when the relocation or removal is part of an approved streambank restoration project.

         (5)   Expansion of Existing Buildings or Structures. When permitted as a variance by the Zoning Hearing Board, any building or structure within the floodplain at the time of enactment of this Ordinance may be altered or extended, provided that:

            (a)   The alteration or extension conforms to all applicable regulations of this Ordinance and the Springfield Township Floodplain Ordinance.

            (b)   Any increase in volume or area shall not exceed an aggregate of more than 25 percent of such volume or area during the life of the structure.

            (c)   No increase of any on-lot sewer system presently located either wholly or partially in the floodplain shall be permitted.

            (d)   No expansion or enlargement to existing structures shall be allowed within any floodway area that would cause any increase in the elevation of the 100-year flood, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.

   (Ord. 179, passed 2-24-2015)

      B.   Lakes and Ponds.

         (1)   Lakes are permanent bodies of water, naturally occurring or man made, covering an area of 2 acres or more. Ponds are permanent bodies of water, naturally occurring or man made, covering an area of less than 2 acres.

         (2)   Lake and Pond Riparian Buffers. A riparian buffer area shall extend landward for 75 feet from the waters edge as measured during non-drought conditions.

      (Ord. 156, passed 4-27-2010)

         (3)   Protection Standards. No development, filling, or diverting shall be permitted in lakes or ponds or within lake/pond riparian buffers except where used for farm irrigation purposes in the AD District.

      (Ord. 156, passed 4-27-2010)

         (4)   The excavation, berming, and disturbance of watercourses (or wetlands that lie over limestone bedrock) for the purpose of creating ponds or lakes are prohibited. Maintenance and/or removal of existing structures (such as berms, dams, etc.) for reasons of public safety or welfare are subject to the regulatory oversight of the U.S. Army Corps of Engineers and the PA Department of Environmental Protection.

      C.   Wetlands and Wetland Riparian Buffers.

         (1)   Wetlands are critical locations within a watershed where surface and groundwater interact. As such they are the place where water either enters or leaves the aquifer and are potential points of contamination or destruction of either the groundwater or surface water resource. These provisions are designed to protect wetlands and by doing so, protect the groundwater and surface water resources of the Township.

         (2)   Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term “wetlands” shall mean any area meeting the definition of a “wetland” under regulations of PADEP or the U.S. Army Corps of Engineers whichever is more inclusive.

         (3)   Wetlands include Federal jurisdictional wetlands, stream headwaters, springs, seeps, and lands comprised of and characterized by hydric soils. Wetlands can be formed at the edge of any surface water body, in forests, in floodplains, at springs or seeps. Properties known to contain wetlands, stream headwaters, springs, seeps, hydric soils, lands within a 100-year floodplain, lands listed as containing wetlands in the Cooks Creek Watershed Protection Plan and lands shown to contain wetlands by prior wetland studies shall require a determination as to the existence of wetlands made by a scientist certified in wetland delineation as part of the zoning application. The provisions of subparagraph (6) shall apply. A preponderance of evidence including, but not limited to: presence of obligate and facultative hydrophytic vegetation, hydric soils, floodplains, and hydrology must be reviewed in order to make the determination. All supporting evidence is to be provided with the application. A Federal jurisdictional determination, while helpful, may not be adequate to determine the presence of all wetlands protected by this Ordinance.

         (4)   Wetland-prone soils in Bucks County include, but are not limited to, Bowmansville, Doylestown, Hatboro, Fallsington, Towhee, and Towhee Stony. Other wetland indicators are wetland vegetation and certain hydrologic conditions.

         (5)   Wetlands/Wetland Riparian Buffer Protection Standards.

            (a)   Wetlands shall not be altered, re-graded, developed, filled, piped, diverted, or built upon except that a road, driveway or utility may cross wetlands where a special exception is obtained from the Zoning Hearing Board after the applicant demonstrates that there is no feasible means to provide access to the property or to reasonably engage in a permitted use on the property except by disturbance of the wetland riparian buffer. The property owner/applicant shall identify wetlands and where encroachment is anticipated shall obtain the applicable State and Federal permits.

         (Ord. 149, passed 4-29-2008)

            (b)   A wetland riparian buffer shall be required that shall extend from the outer limits of the boundary of each wetland. The width of this wetland riparian buffer shall be 75 feet, except it shall be 25 feet for a wetland that: 1) includes less than 10,000 square feet of contiguous land area that are shown to not be hydrologically connected to another wetland(s) and where the aggregate of all connected wetlands on adjacent lots is less than 10,000 square feet, or 2) is not spring fed.

            (c)   Within the wetland riparian buffer, the same regulations that are in place for wetlands shall also apply. Where a requirement for a wetland riparian buffer and a requirement for a watercourse riparian buffer overlap, (as in the case of a wetland adjacent to a watercourse, lake or pond), the buffer or buffer zone that is more strictly regulated shall apply.

            (d)   An applicant may petition the Board of Supervisors for an exception to these regulations if the wetland is shown to be isolated from hydrologic connection to a surface water body, was created by artificial conditions, provides no valuable habitat or stormwater abatement function, or if the applicant establishes to the Township’s satisfaction that the proposed use would not affect either groundwater or surface water quality and/or hydrology.

            (e)   The applicant shall identify all wetlands and wetland riparian buffers on plans submitted to the Township, and shall identify any proposed encroachment into wetland riparian buffers. The applicant shall obtain all necessary Federal and State permits prior to or as a condition of Township approval.

            (f)   In wetlands, the entire wetland and wetland riparian buffers are subject to the restrictions of the “minimum disturbance zone” of the watercourse riparian buffer regulation in paragraph .D, except in those cases where all or part of the wetland lies within the “no disturbance zone” of the watercourse riparian buffer regulation. In those cases, the stricter regulation applies.

         (6)   Wetland Studies.

            (a)   Prior to land development or other earth disturbances governed by this Ordinance, it shall be the responsibility of each applicant to establish that the lands which will be disturbed do not contain wetlands. A wetlands study prepared by a scientist certified in wetland delineation shall be performed in accordance with the regulations of the Pennsylvania Department of Environmental Protection or the United States Army Corps of Engineers, whichever is more inclusive of wetlands.

            (b)   A jurisdictional determination by the Army Corps of Engineers shall be considered but shall not be the sole determination as to the status of the wetlands where that determination conflicts with a wetlands study performed by another qualified wetlands consultant. The Board of Supervisors of the Township shall make the final determination with respect to activities requiring Township approval by this Ordinance or the Township Subdivision and Land Development Ordinance.

            (c)   All wetland delineation studies are subject to review and acceptance by the Township. The Township may require an independent review of the wetland delineation provided by the applicant, with the Township selecting such consultant, and with the applicant responsible to pay the costs of such review. In the event of a dispute, the delineation that provides the greatest restriction to development or disturbance of the resource applies.

            (d)   Alternatively, an applicant may obtain a waiver of the wetland study requirement by agreeing to the limits of the regulated wetland as determined by the Township.

   (Ord. 156, passed 4-27-2010)

      D.   Streams and Watercourses and Stream/Watercourse Margins.

         (1)   Streams and watercourses, even those that do not retain year round flow, are critical to the health and functionality of aquatic ecosystems. These same systems are also important for the efficient transport and passive treatment of stormwater runoff, ameliorating both environmental and economic damage. In addition to serving the overall objectives of this Ordinance, this Section is intended to ensure the long-term viability of the waterway as both wildlife and aquatic habitat, for stormwater conveyance in a manner that avoids damage to environmental features, to minimize erosion and sedimentation and to protect water quality.

         (2)   Streams and watercourses affected by this Ordinance shall include perennial, intermittent and ephemeral streams as defined in § 202. Streams or watercourses may or may not have flow during all parts of the year. Streams and watercourses are as mapped in this Ordinance, or as referenced in the Cooks Creek Watershed Protection Plan (Durham EAC, 2001), the Springtown Sourcewater Protection Plan (Springfield EAC, 2006) or as provided for and adopted by agencies of the Township and the Board of Supervisors, whichever is more inclusive

         (3)   Zones marginal to streams and watercourses preserve the natural environment (including aquatic and wildlife habitat) and function to purify water and to maintain existing surface and subsurface water hydrology dynamics before water reaches the watercourse and/or wetland. Such margins serve to minimize the negative influence or increased runoff, sedimentation, biochemical degradation, and thermal pollution. Margins are also intended to provide and protect wildlife habitat.

         (4)   The applicant is responsible for determining the specific hydrologic conditions of at the site before making application and to designate all streams and watercourses and their margins on plans submitted. The Township reserves the right to obtain a consultant to verify the delineation of streams and watercourses and their respective margins with the cost to be borne by the applicant. The Township may require further that a hydrologic study be performed at the expense of the applicant to determine the hydrologic conditions during average springtime non-drought conditions. Furthermore, the locations of any natural or man-made springs or seeps on the lot shall be shown on any subdivision, land development or building plan submitted to the Township.

         (5)   Stream and Watercourse and Stream/Watercourse Margin Protection Standards.

            (a)   Development, alterations, wastewater discharge and uses adjacent to and potentially impacting upon the streams and watercourses of the Township are subject to the restrictions of the PA Department of Environmental Protection in keeping with the status of that watershed. Special exceptions and variances from this Ordinance affecting a stream for activities in the Cooks Creek Watershed must demonstrate that the proposal will not alter the exceptional value status of this critical resource.

            (b)   A stream/watercourse riparian buffer shall be required that extends 100 feet from the active bank of a perennial or intermittent stream, and 10 feet from the bank of an ephemeral stream. In the cases where no obvious bank exists, then the topographic low point of the swale shall be used as the center point and the buffer shall be measured from this point instead. This riparian buffer shall consist of up to two zones (no disturbance and minimal disturbance):

               1)   A 100-feet riparian buffer shall have a minimum 40-feet wide no disturbance zone and a 60-feet wide minimal disturbance zone in sequential order from the bank of the active stream/watercourse.

               2)   A 10-feet riparian buffer shall be composed entirely of the minimal disturbance zone as measured from the bank of the ephemeral stream.

               3)   The No Disturbance Zone of the riparian buffer shall allow fishing, trapping, hunting, hiking, wildlife watching, physical (not chemical) removal of invasive species, planting of native plants, streambank restoration (see subsection .2.E) and stream monitoring studies. Driveways, road or utility crossings are permitted by special exception if engineered for minimal impact and if shown that there is no feasible alternative. Projects that can be shown to result in no impact to the quality and volume of surface and groundwater flows or disrupt the hydrologic/hydrogeologic connection with adjacent stream or springs may also be permitted by special exception. All other uses are not permitted. See subsection .2.E for procedures for exceptions from riparian buffer requirements.

               4)   Minimal Disturbance Zone of the riparian buffer shall allow gardening and farming, tree and shrub removal, physical (not chemical) removal of invasive species, restoration of native species, installation of posts with or without individual concrete footings, pervious pathways, as well as all uses allowed by right in the No Disturbance Zone. Pond construction, projects that can be shown to result in no impact to the quality and volume of surface and groundwater flows or disrupt the hydrologic/hydrogeologic connection with adjacent stream or springs, and driveway or utility crossings may also be permitted by conditional use approval upon review by the Planning Commission and Environmental Advisory Council. All other uses are not permitted. See paragraph subsection .2.E for procedures for exceptions from riparian buffer requirements.

         (Ord. 156, passed 4-27-2010)

            (c)   Stormwater conveyed through artificial means may not be discharged directly into a watercourse, but may be allowed to be discharged into a buffer area provided that the velocity of the flow has been reduced through engineered or natural means such that sheetflow is generated and the integrity of the buffer is not harmed by the discharge.

            (d)   No buildings, structures except for livestock fence, vehicle parking, driveways or roads shall be placed within a watercourse margin, except that a driveway, road or utility may cross a stream/watercourse margin if special exception approval is obtained from the Zoning Hearing Board and if the applicant proves to the Zoning Hearing Board that all of the following conditions are met: (1) this crossing has been engineered to ensure continued functionality of the stream or watercourse using best engineering practices at the time of the proposal in order to minimize environmental impact, (2) no other access to the property is available, and (3) the crossing disturbs the minimum possible area of the stream/water course margin.

         (Ord. 149, passed 4-29-2008)

      E.   Study Requirements for Exceptions to Riparian Buffer Protections.

         (1)   Disturbance to riparian buffers for the purposes of streambank or streambed restoration is permitted by right in all districts, provided that a plan for restoration of the streambank/streambed receives approval from the Township. Restorations should adhere to the “Guidelines for Natural Stream Channel Design for Pennsylvania Waterways” dated March 2007, developed by the Keystone Stream Team (www.keystonestreamteam.org) or its equivalent. Prior to initiating work on any streambank or streambed restoration project, the applicant must obtain all required Federal and State permits for the activity.

         (2)   Stream crossings for road or utility construction may also require additional information. The applicant is encouraged to utilize minimally invasive methods, including open- bottomed culvert design and crossing techniques that tunnel under rather than disturb the stream bed. The applicant must obtain all required Federal and State permits for the activity.

         (3)   Departure from the wetland buffer and riparian buffer restrictions listed above, as provided for in subsection .2.D(5)(b), whether in the no disturbance or minimal disturbance zone, and in support of their application for exception, shall submit the following information (except as otherwise provided herein):

            (a)   Contour map showing floodplains, lakes/ponds, wetlands, springs, and streams, including perennial and ephemeral streams, on the site.

            (b)   Geologic formation underlying the site.

            (c)   Slope features using 2-foot contours within the riparian or wetland buffer and other areas of the proposed development, including size and degree of slope. The significance of these slope characteristics in contributing to runoff and erosion to the watercourse and wetland will be addressed. The extent of exposed soils and time period of exposure of readily erodible soils will be presented.

            (d)   Soil types, including a description of soil permeability and porosity, on the proposed development site and in the riparian or wetland buffer will be mapped and a discussion included in how surface waters filter into the ground at the site. The erodibility potential of the soils in the riparian or wetland buffer and the remainder of the site shall be discussed.

            (e)   Types and amount of vegetative cover in the riparian or wetland buffer and proposed development site. A discussion should be presented on how changes to this vegetation will continue or enhance soil stabilization and retard runoff at the site.

            (f)   Hydrological features of the watercourse and wetland along the proposed development site including depth (for ponds and lakes several depth profiles shall be presented), discharge (cfs), hydrologic continuity of various watercourses (linkages to any wetlands, streams or ponds), evidence of channel enlargement, stream substrate, incidence of extreme flooding, condition of banks.

            (g)   Occurrence of critical features pertaining to carbonate bedrock areas. The significance of these features to the watercourse relating to the proposed development is to be discussed.

            (h)   Areas of significant wildlife habitat within the riparian or wetland buffer.

            (i)   Occurrence of development hazard areas within the riparian or wetland buffer and proposed development site including, but not limited to, dumps, oil and gas pipelines, automobile salvage yards, and gas stations.

            (j)   Type and location of construction activity.

            (k)   Elevation of 100-year floodplain.

         (4)   If introduction of pollutants or sediment, and/or modifications to runoff can be expected within the riparian or wetland buffer, the following additional information shall be provided in the report:

            (a)   Wetland vegetation (including herbaceous and woody) is to be mapped; a discussion of its use by wildlife and sensitivities to water level and potential pollutants that would be introduced by the proposed development will be described.

            (b)   For ponds/lakes, existing phytoplankton, epiphytes, fish and invertebrate communities are to be discussed. Existing or past problems involving eutrophic events involving the system are to be discussed.

            (c)   Existing water quality for lakes, ponds, and streams including dissolved oxygen (mg/l), temperature (C), pH, nitrate (NO3-N in mg/l), nitrite (NO2- in mg/l), ammonia (NH3-in mg/l), total phosphorus (as P in mg/l), orthophosphate (PO4-P) in mg/l), total hardness (as CaCO3 in mg/l), Ca hardness (as CaCO3 in mg/l), Mg hardness (as CaCO3 in mg/l), alkalinity (as CaCO3 in mg/l), suspended sediment and turbidity (JTU).

            (d)   For streams a description of existing flora and fauna along the proposed development corridor should be included. This description should include data on the composition (number and kinds) of fish, invertebrates and algae and the availability and condition of habitats for diverse trophic levels. Discussion should also address potential problems to the ecology relating to the proposed development.

         (5)   For all watercourses/wetlands within the site, existing levels of water pollution and runoff volumes should be identified. The relative contribution of pollutants and adverse hydrological modification to the stream, pond, lake, or wetland from upstream areas is to be addressed; any exacerbating effects of the proposed development should be discussed.

         (6)   In any application before the Township and/or Zoning Hearing Board, the first 40 feet from the bank of the stream/watercourse shall receive the highest level of protection because it has the greatest impact upon water quality.

         (7)   Crossings. Any street, driveway or utility crossing of an intermittent or perennial stream shall be approximately perpendicular to the stream.

         (8)   Plantings. Publications of the Pennsylvania Department of Conservation and Natural Resources (including “Stream ReLeaf”) should be used as guidelines for the planting or replacement of a vegetative buffer along a creek. Plantings should be designed to provide shade for the stream, control soil erosion and stabilize stream banks. These publications include recommended species. Native species of vegetation shall be used, unless the Township specifically approves alternate species. If required trees and plants do not survive 18 months, the current owner of the property shall replace them within 100 days of notification (or as discovered).

         (9)   Applicants, prior to seeking a special exception or conditional use approval for disturbances of the riparian or wetland buffer regulations, may submit their proposal to the Environmental Advisory Council for an advisory opinion. The Environmental Advisory Council shall render its written opinion within 45 days of the date that the proposal is submitted. Where the Environmental Advisory Council determines that the proposed disturbance will have a “de minimus” or “minimal” impact, it may recommend to the Zoning Hearing Board or Board of Supervisors as the case may be, that some of the requirements of subparagraph (3)–(5) be waived. However, neither the Zoning Hearing Board nor the Board of Supervisors shall be bound by this recommendation. The Planning Commission shall also be allowed the same opportunity to comment on the application. If either of the bodies fails to comment on the application, the Supervisors or ZHB will assume that the body has no comment. In no cases will activities be allowed that could result in degradation of the waterbody for which the buffer is provided to protect.

   (Ord. 156, passed 4-27-2010)

      F.   Reserved.

   (Ord. 144, passed 12-11-2007)

      G.   Woodlands.

         (1)   Woodlands shall be subject to the restrictions specified herein when the woodland area is greater than 0.25 acre and where the largest trees are at least 6 inches in diameter measured 4.5 feet above the ground or where the density of trees is at least one tree of at least 6 inches in diameter per 1,500 square feet of lot area.

         (2)   Areas with restrictions due to woodlands as required by this Ordinance shall be left undisturbed except as permitted pursuant to an approved zoning permit for Use A-3, Forestry, and shall not be cleared or occupied by structures, driveways, on-lot wells or sewage disposal systems, or other improvements. The woodland area shall not be planted in lawn and shall remain in its natural conditions with the natural forest ground cover left intact.

      (Ord. 149, passed 4-29-2008)

         (3)   Mature trees and wooded areas not within a woodland as described in § 510.2.G(1) shall be identified and shall be protected as follows:

            (a)   Wooded Areas Other than Woodland. Wooded areas other than woodland as described in § 510.2.G(1) includes nurseries, orchards, and abandoned fields where successional tree growth is occurring. No more than 40 percent of the total caliper-inches of mature trees (over 3 inches in diameter measured 14 inches above ground level) shall be removed or cleared except as specifically provided for by this Ordinance. Trees greater than 20 inches in diameter measured 4.5 feet above ground shall not be removed. These restrictions do not apply to the removal of nonnative invasive species. For the list of Pennsylvania Invasive Plants, refer to the following website:

   http://www.dcnr.state.pa.us/forestry/wildplant/invasivelist.aspx

            (b)   Mature Trees Outside of Woodland Areas. Mature trees are those greater than a 3-inch diameter measured 4.5 feet above ground or 20 feet in height and which stand outside of woodland areas as described in § 510.2.G.(1). Such trees shall be protected at the percentages established by § 510.2.B(1), Table of Natural Resource Protection Standards by District. Except in the AD, VC, VR, PI, or HC Districts, any permitted removal of mature trees shall be undertaken to maintain the existing continuous canopy of trees where a continuous canopy exists. Trees greater than 20 inches in diameter measured 4.5 feet above ground shall not be removed.

            (c)   Specimen Vegetation. Individual trees or other vegetation determined to be of specimen quality by a natural resource professional such as, but not limited to, a certified landscape architect or arborist or which generally fall within the parameters of the following table shall be protected in accordance with these standards. The examples of specimen trees included in the following table are intended to provide general guidelines and examples of what constitutes a specimen tree. The list is not all inclusive:

 

   Specimen vegetation shall be preserved whenever possible. When a specimen tree cannot be preserved and is approved for removal as determined by the Township, replacement trees shall be installed. For each caliper inch (dbh) of specimen tree removed, a minimum of 3 caliper inches (measured 6 inches above grade) of new trees shall be planted.

(Ord. 149, passed 4-29-2008)

         (4)   See also the forestry regulations in § 404.A(3) of this Ordinance, which apply when trees are removed that are not part of land development.

      (Ord. 149, passed 4-29-2008)

         (5)   In any case, when a building permit is issued for a building, structure or principal use, removal of trees shall be allowed that are located in the following areas:

            (a)   On land to be occupied by such building, structure or use.

            (b)   Within 30 feet of a building or principal use.

            (c)   On land to be occupied by or within 15 feet of all sides of any utility line, stormwater conveyance or detention structure, driveway, parking area, water system or sewage disposal system or permitted accessory uses.

            (d)   In any location where the removal of a tree is required under a Township code requirement.

(Ord. 149, passed 4-29-2008)

         (6)   If a stormwater management plan for a subdivision or land development assumes that a certain percentage of the tract will remain wooded, then the Board of Supervisors may require conservation easements to be put into effect by the developer to permanently limit tree removal on each lot so that such overall percentage of woods will remain in place. The Board of Supervisors shall approve the enforcement mechanism for such easement. The Board of Supervisors may require that the easement be enforceable by the Township and/or by any adjoining property owner.

      (Ord. 149, passed 4-29-2008)

         (7)   If trees are removed prior to a development application or in excess of the allowed amount, then subsection .1.A shall apply.

      (Ord. 149, passed 4-29-2008)

      H.   Tree Protection Area.

         (1)   The tree protection area refers to the areas around woodlands that are to be protected under the provisions of this Ordinance. The purpose is to ensure that trees that are to be protected do not suffer damage during the development. The tree protection area is an area radial to the trunk of a tree and shall be 15 feet from the trunk of the tree to be retained, or the distance from the trunk to the drip line (the line marking the outer edge of the branches of the tree), whichever is greater. Where there is a group of trees or woodlands, the tree protection area shall be an area encompassing the protection areas for the individual trees.

         (2)   A tree protection area shall be designated around the area(s) of woodlands to be protected, within which no construction activity or grading shall occur.

         (3)   The tree protection area on a development site shall be fenced prior to construction activities (including clearing) to protect the area from unauthorized grading or tree removal. Tree protection fence shall be maintained by the property owner/developer until completion of construction activities.

      (Ord. 149, passed 4-29-2008)

         (4)   The tree protection area shall be clearly shown on all grading plans.

      I.   Carbonate Geology Areas. In accordance with § 605(2)(iii) of the Pennsylvania Municipalities Planning Code, this Ordinance and other applicable Township ordinances regulate and restrict uses in areas of hazardous geological formations, including carbonate (limestone and dolomite) areas.

         (1)   A carbonate geology study is required within areas of the Township underlain by carbonate bedrock (limestone or dolomite) (1) prior to issuance of a zoning permit for any foundation-related excavation or increases in impervious surface by more than 500 square feet (see subsection (2)(a) below), and (2) prior to preliminary plan approval for each subdivision and/or land development.

            (a)   These carbonate areas are defined, inclusively, by maps in the following publications: Durham Valley Geologic Features (Conservation and Management Practices for Buckingham and Durham Carbonate Valley, Bucks County Planning Commission, 1985); Cooks Creek Watershed Conservation Plan (Durham Township Environmental Advisory Committee, 2000); Geologic Map of Pennsylvania (Berg, T. M., et al., 1980, PA Geologic Survey). Properties underlain by limestone or dolomite bedrock (but not by carbonate fanglomerates), demarcated by the studies cited above, are delineated on the Springfield Township Carbonate Geology Overlay Map (Appendix E), as adopted and as may be revised by the Township.

            (b)   Such areas may have natural drainage developed beneath the soil column by dissolution of the underlying carbonate bedrock: a process called “Karstification.” Because of this subsurface dissolution, such areas are susceptible to surface collapse and subsidence caused by physical and chemical erosion of soil and bedrock. These areas are especially susceptible to rapid contamination of ground water by movement of sediment and liquid wastes, contaminated surface water, septic tank effluent, or other hazardous substances through fractures, solution openings, and fissures within the rock.

         (2)   Protection Standards.

            (a)   In carbonate geology areas, exemption criteria for impervious surface areas listed in the Stormwater Ordinance, Section 105.B, apply only to activities less than 500 square feet in area that do not involve foundation excavation. All impervious surface expansions beyond 500 square feet, and all excavations for foundations or footings must undertake an approved carbonate geology study to obtain zoning permit approval.

            (b)   For impervious surface expansion less than 500 square feet, a grading/stormwater management plan must be implemented that results in sheetflow over vegetated, stabilized ground and precludes ponding.

            (c)   For impervious surface expansion greater than 500 square feet, a professional engineer shall design a BMP stormwater control structure. Stormwater management facilities including, but not limited to, detention/retention basins, Disconnected Impervious Area BMPs (see Stormwater Ordinance, Section 306.D.8 and Appendix E), and flow attenuation swales, shall be located at a safe distance, which shall in no case be less than 100 feet from the rim of sinkholes, closed depressions, and disappearing streams and no closer than 50 feet from fracture traces, or carbonate outcrops. Furthermore, these facilities shall not be placed above bedrock pinnacles, as soils adjacent to pinnacles are most susceptible to collapse.

            (d)   Outflow from a stormwater management basin and stormwater flow generated as a result of development shall not empty into or be directed to any of the following carbonate features: sinkholes, closed depressions, fracture traces, caverns, ghost lakes, or disappearing streams.

            (e)   No principal structure or accessory building that is built on a foundation or footings shall be located any closer than 100 feet from the rim of sinkholes or closed depressions or 100 feet from ghost lakes, fracture traces, or disappearing streams unless a detailed surface and subsurface investigation has been performed and procedures provided to mitigate any threat of the feature(s) on groundwater quality and stability of surface and subsurface structures to the satisfaction of the Township.

            (f)   A licensed professional geologist experienced with carbonate terrain must perform the carbonate geology study. Testing shall involve excavation and examination of the soil profile for evidence of subsidence, suffusion, or collapse. In no case shall the excavation disturb or alter the bedrock/soil interface. Testing may include drilling to establish soil thickness or depth to bedrock, but in no case shall drilling extend more than six inches into carbonate bedrock. Noninvasive, nondestructive geophysical methods that comply with standard engineering practices and that are approved by the Township may provide important information on the topography of the bedrock surface, the soil thickness, and its lateral distribution.

            (g)   The Township reserves the right to deny any land use that would cause damage to the environment generally and/or groundwater quality, in particular.

            (h)   All underground utility lines, pipelines, storm sewer, sanitary sewer, and utilities to any structure shall have a dike of clay or other suitable material constructed across the width of the trench at intervals not to exceed 20 feet. Clay dikes shall have a minimum thickness of 18 inches and extend from the bottom of the trench to not less than eight inches from finished surface. Utility trenches less than 20 feet in total length shall contain at least one dike.

            (i)   Impoundments containing toxic substances are not permitted.

            (j)   Storage and handling areas for toxic and harmful materials must have impermeable surfaces designed to contain material and direct it to a predetermined collection point.

            (k)   Storage and handling facilities for toxic and harmful materials shall not be sited in areas of public or private water supplies.

            (l)   No underground storage of any toxic materials shall be permitted.

            (m)   All companies handling toxic or harmful materials shall inventory and register these materials with the Township and develop a spill contingency plan acceptable to the Township that includes regular inspection and maintenance programs.

            (n)   Groundwater monitoring devices are required for all facilities handling toxic or harmful materials.

         (3)   Carbonate Geology Study. No structure, lot, land, or water shall be used or developed for any purpose and no structure shall be located, extended, converted or structurally altered, under the provisions of subsections 1 and 2(a) above, until the applicant has filed a carbonate geology study with the Township in accordance with the provisions of this subsection.

            (a)   A licensed professional geologist, with experience in carbonate geology, shall prepare the carbonate geology study. The study shall be based upon field surveys and published data, shall be supported by an explanation of its source(s), and shall include the qualifications of the individuals directly responsible for preparing such information. The Township shall evaluate and accept or reject, in advance, the qualifications of the persons conducting the study. See study review procedures in clause (d) below.

            (b)   Technical Resources. Although the applicant is responsible for determining carbonate features on the site, the following publications must be reviewed and referenced within the carbonate geology study, as amended or their successor documents:

               1)   Conservation and Management Practices for Buckingham and Durham Carbonate Valley (Bucks County Planning Commission, 1985).

               2)   Cooks Creek Watershed Conservation Plan (Durham Township Environmental Advisory Council, 2000).

               3)   Cooks Creek Watershed Monitoring and Planning Program–Wetland, Management Plan. (Durham Twp. Environmental Advisory Council, 2000).

               4)   Caves of Bucks County, Pennsylvania (Bucks County Groto, National Speleological Society, 1983).

               5)   Kochanov, W. E., Lichtinger, J. F., and Becker, Mona, 1993a, Sinkholes and karst-related features of Bucks County, Pennsylvania: Pennsylvania Geological Survey, 4th ser., Open-File Report 93-03 (see: http://www.dcnr.state.pa.us/topogeo/publications/pgspub/openfile/index.htm).

            (c)   The format and contents of the carbonate geology study shall be as follows:

               1)   Statement of Purpose. This Section shall address all standards in § 510.2.H(2), the extent to which the standards are applicable to the proposed project, and the method(s) utilized for compliance.

               2)   Description of Existing Conditions. This Section shall present a description of existing characteristics of the property with respect to geology, topography, ground and surface water hydrology, soils, vegetation, and existing improvements and uses.

               3)   A map, at a scale no smaller than 1 inch equals 100 feet and contour intervals of 2 feet indicating the location of the property and all proposed improvements thereon.

               4)   The applicant shall submit information indicating the presence of any of the following carbonate features within 100 feet of all areas proposed for disturbance, grading, construction of buildings and other improvements:

                  a)   Depressions.

                  b)   Fissures, lineaments, faults or fracture traces.

                  c)   “Ghost lakes.”

                  d)   Outcrops of bedrock.

                  e)   Sinkholes and previously filled sinkholes.

                  f)   Soil mottling (indicating seasonal high water table).

                  g)   Springs.

                  h)   Caverns/caves.

                  i)   Disappearing lakes.

                  j)   Disappearing streams.

   Such information must be based upon soil testing, field surveys, and published data, and shall be supported by an explanation of its source including the qualifications of the individuals directly responsible for collecting and preparing such information.

               5)   The applicant shall submit a plan of the site and adjoining properties within 400 feet of the site identifying existing and proposed drainage conditions, locations of all existing and proposed private and public sewage disposal systems, and locations of existing and proposed private and public water supplies.

               6)   Study shall include soil type(s) and depth(s) encountered on the site, depth and thickness of carbonate rock, and nature and extent of any voids. Results of a representative sample satisfactory to the Township of onsite borings and/or descriptions and photographs of test pits to a depth of at least 6 feet below grade shall be included.

               7)   Study shall include a stormwater management plan prepared in consultation with a professional geologist or engineer, licensed in Pennsylvania, familiar with Karst geology. Stormwater management design shall be in accordance with the Township Stormwater Management Ordinance and include appropriate safeguards for the water quality of groundwater and all creeks.

               8)   Description of the Proposed Action. This Section shall describe the proposed action including: types, locations and phasing of proposed disturbances, as well as proposed future ownership and maintenance of the property and proposed improvements. Plans describing the proposed action may be included with the Carbonate Geology Report.

               9)   If the proposed activity includes installation of a new septic system, or revision of an existing system, a septic management plan prepared in consultation with a professional geologist or engineer familiar with Karst geology shall be included with the carbonate geology study. An estimate of septic loading to the underlying features must be included and the geologist must certify that there will be no threat to public or private water supplies, or to the surface waters of the Township from the proposed septic system(s).

               10)   Proposed Measures to Control Potential Adverse Environmental Impacts. This Section shall describe all measures proposed by the applicant to avoid any adverse impacts that may occur as a result of the proposed action, and identify the process by which the contractors and subcontractors will address Karst features encountered during construction.

               11)   List and Qualifications of Preparers. The names, addresses, and telephone numbers and professional qualifications of persons directly responsible for preparing the Carbonate Geology Report, shall be submitted.

               12)   Appendices. Any additional information that the applicant desires to provide may be included in one or more appendices to the report.

               13)   The Township may require that additional information be submitted if the Township Engineer or Township Geologist concludes that such information may be instrumental in assessing the potential environmental impact.

            (d)   The carbonate geology study must be received by the Township with the zoning permit application, or in the case of a subdivision or land development, at the time of preliminary plan submission. Sufficient copies of the study shall be submitted to the Township, as determined by the Zoning Officer based on the scope and scale of the project. The applicant shall pay the costs of reviews by an independent consultant selected by the Township.

         (4)   Approvals Required. Following review by the Township staff/professional consultants and advisory Boards, as applicable, on any submission under § 510.2.I(3), the Township shall either find that Carbonate geology study and accompanying plans meets the requirements of this Section, require that the study and the accompanying plans be revised, or find that the carbonate geology study does not comply with this Ordinance, in which case the submission shall be returned to the applicant with a letter stating one or more provisions of this Ordinance that were not met.

            (a)   Where compliance with this Section is required as part of an application for subdivision or land development approval, the Township’s decision on whether compliance has been achieved shall be made as part of its review of the subdivision or land development application.

            (b)   Where the application is part of a request for a zoning permit, the Zoning Officer shall issue no such permit until the terms of this Section, and any conditions imposed upon the use of the property at the time of subdivision or land development approval are satisfied.

         (5)   On sites where carbonate features have been identified by the carbonate geology study, the applicant must retain a professional geologist or professional engineer to perform onsite inspection during all excavation, grading, and backfill operations. Final grading shall be inspected by the Township Engineer to verify that it meets plan specifications.

         (6)   Non-assumption of Liability. In a carbonate geology area, alteration, development, or use of land is inherently hazardous with respect to foundation safety of structures, the creation of unstable land as a result of changes in drainage, groundwater extraction, or discharge of wastewater, and contamination of ground and surface waters. Within the limitations of the information available at the time of review on individual applications, the Township shall attempt to make reasonable judgments as to the applicant’s rights and responsibilities in this Carbonate Geology Area. All applicants and property owners are hereby notified that the Township, Township employees, consultants, and appointees, undertake no responsibility of property, or life, or personal injury due to Carbonate Geology conditions, even if applicants or property owners strictly observe all Township ordinances.

            (a)   It is also noted that local conditions can cause sinkholes and subsidence of ground in areas outside of carbonate geology not designated as a sinkhole or hazardous area during site plan presentation or review. The applicant and property owner should always make independent investigations of these matters prior to using this land or construction of a building or structure.

         (7)   A disclosure statement, prepared in a manner satisfactory to the Township, must be provided to each landowner prior to issuance of a zoning permit that informs homeowners of the potential for sinkhole formation on the lot and the heightened concern for groundwater pollution in carbonate geology areas. It must also identify the homeowner’s responsibilities regarding stormwater management, septic system maintenance, and sinkhole management.

         (8)   Appearance of Geologic Hazards after Site Plan Approval. In certain cases, specific geologic hazards, such as sinkholes, caves, etc., may not be identified during the site plan preparation or review, but will be encountered and uncovered after site plan approval or during or after construction. In those cases, the applicant and/or landowner shall follow the procedures outlined below:

            (a)   Report occurrence of hazard to the Code Enforcement Officer within 1 business day of the occurrence. The developer and/or landowner shall then report the proposed method of repair to the Code Enforcement Officer as soon as possible, but not more than 7 days after the occurrence. It is recognized that repairs may have to be undertaken on an emergency basis, so in that event, repairs may begin without a zoning permit as long as repairs and restorations are made in compliance with prior approved site plans or zoning permits. However, no grading or construction of buildings shall occur in the area of the hazard until the Township has approved the method of repair.

            (b)   Repair and maintain repair of the hazard in such a way as to prevent or minimize damage to building, structure, utility, driveway, parking area, roadway and other site improvements, and in such a way as to minimize pollution of the groundwater. Repair shall be accomplished in a manner as directed by the applicant’s professional engineer. A report of the hazard and methods proposed/utilized for repair shall be prepared by the applicant’s professional engineer and submitted to the Township.

            (c)   Repair and maintain repair of any damage to improvements and restore groundcover and landscaping.

            (d)   In those cases where the hazard cannot be repaired in such a way as to maintain the integrity of the original approved site plan, the applicant and/or property owner shall apply for a site plan amendment. During review and approval of such a site plan amendment, the Township shall recognize that the newly identified geologic hazard may have produced nonconformities to this Ordinance, which may not reasonably be brought into conformity. The Township may, but is not required to, allow the continuation of these nonconformities even if such nonconforming features have not been actually constructed.

               1)   However, the applicant and/or landowner shall attempt to reduce or eliminate nonconforming features during the preparation of the site plan amendment.

            (e)   In all cases, however, if a sinkhole appears after site plan approval, but before final inspection and approval of an on-lot sewer disposal system and such sinkhole is within 100 feet of the drainfield, the drainfield shall be relocated and meet DEP requirements.

(Ord. passed 10-2-2007, § 508; Ord. 144, passed 10-11-2007, § 05; Ord. 149, passed 4-29-2008, Arts. VI–VIII; Ord. 156, passed 4-27-2010, §§ 30–35; Ord. 179, passed 2-24-2015, Art. IV; Ord. 191, passed 1-8-2019)

   1.   All applicants for subdivision and land developments (major or minor) shall: (A) include maps delineating the natural resources and demonstrating compliance with Environmental Protection Standards in this Section, which may limit disturbance of natural features to the extent indicated in subsection .2.B(1) and (B) meet requirements of subsection .2.B(1). Lot line adjustments (subdivisions which will not result in the creation of an additional lot) shall be exempt from this requirement.

(Ord. 156, passed 4-27-2010)

   2.   The following natural resource and site capacity calculations shall be submitted by the applicant with applications for any of the following uses: B-4 Duplex Dwelling, B-5 Manufactured/Mobile Home Park, B-6 Apartments, B-7 Performance Subdivision, B-12 Single Family Detached Cluster, B-14 Townhouses, B-15 Twin House, B-16 Village House, and C-16 Continuing Care Retirement Community. In addition, the following natural resource and site capacity calculations shall be submitted by the applicant for any subdivision or land development involving a lot that had a site area of 10 or more acres within the AD Agriculture District or RP Resource Protection District, or 20 or more acres within WS Watershed District as of the effective date of this Ordinance.

   Through these calculations, the maximum number of dwelling units, the maximum amount of impervious surfaces, and the required amount of open space will be determined for the specific site, based upon the site’s specific characteristics.

   Where open space is required for resource protection, it shall be laid out to encompass the maximum amount of the resource that is to be protected that is practical. See § 603 .D concerning the required farmland lot for single-family detached dwellings in the AD District.

      A.   Base Site Area. Certain portions of tracts may not be usable for the activities proposed for the site. These areas shall therefore be subtracted from the site area to determine base site area.

 

      B.   Resource Protection Land. All land and resources within the base site area shall be mapped and measured for the purpose of determining the amount of open space needed to protect them. Portions of a site that may have overlapping resource protection restrictions shall be subject to the highest open space ratio and shall be calculated only once.

 

         (1)   The applicant shall utilize the natural resource protection ratios for each resource from the preceding table and the acreage of each resource within the base site area to complete the following table. The percentages shall be converted into decimal places for the purposes of this Section. For example, a 20 percent protection standard shall be converted to 0.20 for use in this Section, and a 100 percent protection standard shall be converted to 1.0. This completed table shall then be submitted with any subdivision or land development plan, and shall be revised as necessary based upon review by the Township. The table shall be completed to the nearest 3 decimal places (such as 2.221 acres).

 

         (2)   The applicant shall provide a plan showing the resource protected land calculated in accordance with subparagraph (1). The resource protected land shown on the plan shall remain as natural area and shall be preserved by one of the following means selected by the Board of Supervisors:

            (a)   Conveyance of a permanent conservation easement to the Township and/or a conservancy or other nonprofit corporation approved by the Township.

            (b)   Conveyance of the resource protected land to the Township where the area in which the resource protected land is located has been identified in the Township Comprehensive Plan, Watershed Plan or other Natural Resource Protection Plan as containing groundwater, riparian areas, forest, wildlife habitat or other natural resources of importance.

            (c)   Recording a declaration of covenants, conditions and restrictions in a form approved by the Township and containing such provisions as the Township deems appropriate to assure that the natural resource lands are preserved in accordance with the requirements of this Ordinance.

      C.   Recreation Land. The Township Subdivision and Land Development Ordinance may require the provision of a certain amount of land for recreation, and may offer an alternative of paying fees in place of providing recreation land. If so, the applicant shall provide calculations to show compliance with such provisions.

         (1)   Any minimum recreation land requirement may be met by portions of the open space on the tract if the applicant proves to the satisfaction of the Township that such areas are suitable for recreation purposes.

         (2)   If the required recreation land is not approved to overlap open space, or if open space is not required, and if no alternative is approved under the Subdivision and Land Development Ordinance, then the recreation land shall be provided on the tract in addition to any required open space.

      D.   Determination of Site Capacity. Individual site capacity net density, net buildable site area, and allowable impervious surface is calculated as follows for a residential development:

 

   3.   The following site capacity calculations shall be submitted with applications for agricultural, commercial, institutional, industrial, non-cluster single-family detached dwellings, and all other residential uses not regulated by subsection .2.

      A.   Base Site Area. Certain portions of tracts may not be usable for the activities proposed for the site. These areas shall therefore be subtracted from the site area to determine base site area.

 

      B.   Impervious Surface Ratio. Shall be calculated for each lot, based upon the lot area of each lot.

   4.   Suitability of Land. Where land is required to be set aside or protected for certain purposes, it shall be physically suitable for that purpose, and shall be arranged in a lot(s) that has a configuration that is suitable for that purpose. This includes, but is not limited to, protected agricultural soils, recreation land and required open space for resource protection. In the AD District, see the provisions for a farmland lot in § 603.D. Stormwater detention basins shall not count as meeting the minimum requirements for protected productive agricultural soils, recreation land or required open space for resource protection, unless specifically provided otherwise by this Ordinance. See the definition of “open space” in § 202.

(Ord. passed 10-2-2007, § 509; Ord. 156, passed 4-27-2010, § 36; Ord. 191, passed 1-8-2019)

(Ord. passed 10-2-2007, § 510)

   1.   Recorded plans and deeds shall indicate that there shall be no additional development in areas designated for open space, except for allowed improvements consistent with the furthering of noncommercial recreation, agricultural, conservation, or aesthetic purposes. The plan shall contain or be supplemented by such material as required to establish the method by which open space shall be perpetuated, maintained, and administered. The plan and other materials shall be construed as a contract between the landowner(s) and the Township, and shall be noted on all deeds.

   2.   Layout of Open Space.

      A.   Open space shall be laid out in accordance with the best principles of site design. It is intended that the open space shall be as close to all residences as possible, with greenways leading to major recreation spaces. Major recreation areas shall be located to serve all residents. Open space is most needed in areas of highest density. The intent is to provide open area as close to the individual units as possible. Narrow strips of land or irregularly shaped areas shall not be permitted as open space. In open space that was required to be established to preserve productive agricultural soils, the configuration of the open space shall be designed so that it is useable for agricultural purposes. See also § 509.2.J.

      B.   Areas set aside to meet minimum open space requirements, shall contain no structures, stormwater management facilities, or utility easements, except as provided in subsection .3.B below.

      C.   Open space areas shall be interconnected with open space areas on abutting parcels wherever possible.

   3.   Open Space Designation.

      A.   All land held for open space shall be so designated on the plans. The plans shall contain the following statement for lands in the categories established in paragraph .C(1), (2), (3) or (4) below: “open space land may not be further developed except for the addition of farm buildings or other structures related to continuing agricultural activities on that land by special exception. Open space shall not be further subdivided except for open space purposes and by special exception.” In deciding on the special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards regarding layout, circulation, and performance it deems necessary to protect adjacent residential uses from undesirable effects of noise and odor, within the limitations of the State Right to Farm Act being 3 P.S. §§ 951 - 957 and to promote a visual character in harmony with the intended nature of the area.

      B.   Rights of way and easements containing existing overhead utility lines, existing pipelines for the transmission of oil and gas and other materials and existing or proposed underground electric, telecommunications, and fiber optics are permitted within the required open space provided they do not hinder the approved use of that space (e.g., plowing within the AD Zoning District). Sanitary sewer, including community treatment systems and stormwater management facilities including basins, shall not be permitted in the open space.

      C.   All plans shall further designate the use of open space (such as recreational or for resource protection), the type of maintenance to be provided, a method to ensure such maintenance will be provided, and a planting plan with a schedule. In designating use and maintenance, the following classes may be used:

         (1)   Lawn. A grass area with or without trees which may be used by the residents for a variety of purposes and which shall be mowed regularly to insure a neat and orderly appearance. This category is primarily for land for recreation uses.

         (2)   Natural Area. An area of natural vegetation undisturbed during construction, or replanted with trees, shrubs, and other plant materials indigenous to the area. Such areas may contain pathways. Maintenance may be minimal but shall prevent proliferation of noxious weeds and undesirable plants such as Canadian Thistle and Multiflora Rosa. Streams shall be kept in free flowing condition with streamside vegetation left in its natural condition. This category is primarily for open space for resource protection purposes.

         (3)   Recreation Area. An area designated for a specific recreational use, including, but not limited to, tennis, swimming, shuffle board, play field, and tot lot. Such areas shall be maintained so as to avoid creating a hazard or nuisance, and shall perpetuate the proposed use. This category is primarily for land for recreational purposes.

         (4)   Farmland or Farmland Lot. A parcel dedicated to agricultural activities, or a lot created in conformance with §§ 509.2.J and 510, either of which are intended to preserve productive agricultural soils, and which are restricted against further subdivision or nonagricultural development as provided in § 513.5.

      D.   A minimum of 50 percent of the required open space shall be in one lot, except that such 50 percent may be separated by a maximum of one street and may be separated by creeks. Open space may also be traversed by an accessway limited to emergency vehicles.

   4.   Open Space Performance Bond. A performance bond or other security shall be required to cover cost of installation of designated planting and recreation facilities within open space in accordance with provisions of the Subdivision and Land Development Ordinance.

   5.   Methods of Conveyance and Ownership. Open space shall be preserved by one of the following means which shall be selected by the Board of Supervisors and shall be subject to the Board of Supervisors’ sole discretion.

      A.   Dedication in Fee Simple to the Township. Prior to acceptance of open space land, the Board of Supervisors will seek recommendations from the Township Planning Commission. The Township may, at the sole discretion of the Board of Supervisors, accept any portion or portions of open space or recreation areas provided:

         (1)   It is determined by the Board of Supervisors that the land is suitable and will serve the general public.

         (2)   The Township agrees to and has access to maintain the land.

         (3)   The title is conveyed to the Township without cost.

      B.   Conveyance to a conservancy, corporation, association, funded community trust, condominium or similar legal entity shall be allowed, provided:

         (1)   The land shall include a permanent conservation easement enforceable by the Township, which shall guarantee continued use of the land for the intended purposes in perpetuity and which shall require approval by Board of Supervisors prior to ownership of the land being transferred to another entity.

         (2)   Proper maintenance and continued funding for maintenance must be guaranteed.

         (3)   The corporation or association shall be responsible for liability insurance, taxes, and recovery from loss sustained by casualty, condemnation or otherwise. Certificates of insurance and tax payment receipts shall be provided to the Township.

         (4)   The corporation or association shall not be dissolved nor shall it dispose of the open space, except to another similar organization established to own and maintain the open space and which meets the approval of the Township. The corporation or association must first offer to dedicate the open space to the Township at no cost before such sale or disposition of the open space takes place.

      C.   Conveyance of a permanent conservation easement that is enforceable by the Township, while the land remains owned by an entity other than the Township. Such easement may also be granted to a conservancy, corporation, funded community trust, or similar legal entity as may be approved by the Township as an additional method of oversight and enforcement.

      D.   Private Holding. The Township may approve that the open space is part of fee simple lots with a permanent conservation easement enforceable by the Township, provided:

         (1)   The terms of the agreement guarantee the continued use of the land for the preservation of open space.

         (2)   The cost and responsibility of maintaining private holding open space shall be the responsibility of the owner of the open space.

         (3)   Including open space within fee simple lots shall only be permitted at the discretion of the Board of Supervisors and shall not be part of any lot necessary to meet requirements for lot width, area, or yards as specified in Article 6.

      E.   Land designated as open space for preservation and agricultural soils (resource protection) may include farm buildings, a pre-existing residence, and other structures related to continuing agricultural activities on that land. These areas may not be available for public use. All open space intended for agricultural purposes shall be so designated on the plans. The plans shall contain the following statement or a similar statement pre-approved by the Township: “required open space land may not be further developed and shall not allow any new buildings, except for the addition of accessory farm buildings or other nonresidential structures related to the agricultural activities on that land by special exception. Required open space shall not be further subdivided.” In addition, a declaration of covenants, conditions and restrictions in a form approved by the Township, shall be recorded with respect to land to be preserved as open space and agricultural soils. See § 513.3.A regarding conditions that may be placed upon a special exception approval.

(Ord. passed 10-2-2007, § 511)

   1.   Residential Planned Group Development. The following regulations shall apply to residential development where planned group development of more than one building or use is permitted on a single lot, including, but not limited to, townhouse and apartment development. Planned group developments shall also comply with all other applicable regulations of this Ordinance.

      A.   The proposed development shall be constructed in accordance with an overall plan and shall be designed as, or as part of, a single architectural and landscaping theme. The buildings as a unit shall comply with the area and yard regulations of the zoning district in which it is located.

      B.   The tract of land on which each permitted use is conducted shall be owned and operated as a single or common management and maintenance unit, with common open space, parking, utility and maintenance facilities.

      C.   Building Arrangement. The use regulations in Article 4 herein shall apply.

      D.   Underground Utilities. All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground and electric transformers shall be installed underground or within the walls of a completely enclosed building.

      E.   Staged Development. If the development is to be carried out in stages, each stage shall be so planned to ensure that all requirements of this Ordinance, such as, but not limited to, density and minimum open space, shall be fully complied with at the completion of any stage.

      F.   Planned group development shall be subject to the regulations of the Township Subdivision and Land Development Ordinance.

   2.   Nonresidential Planned Group Development. The following regulations shall apply to nonresidential development where group development of more than one building or use is permitted on a single lot, including, but not limited to, groups of office or industrial buildings on a single lot. Planned group development shall also comply with all other applicable regulations of this Ordinance.

      A.   The proposed development shall be constructed in accordance with an overall plan and shall be designed as, or as part of, a single architectural and landscaping theme. Buildings as a unit shall comply with the area and yard regulations of the zoning district in which it is located. The development shall consist of a harmonious grouping of buildings, service, and parking area circulation and open spaces, planned as a single unit, in such manner as to constitute a safe, efficient and convenient use.

      B.   All buildings and uses shall front upon a common parking lot, service road, or marginal access road and not directly upon a collector or arterial highway.

      C.   The tract of land on which each permitted use is conducted shall be owned and operated as a single or common management and maintenance unit, with common open space, parking, utility and maintenance facilities.

      D.   All streets and access ways shall conform to the specifications determined by the Township Engineer and the requirements of the Township Subdivision and Land Development Ordinance. Provisions shall be made for adequate signalization, turning lanes, deceleration lanes, and other roadway improvements where deemed necessary by the Township.

      E.   Building Arrangement. The distance between two principal buildings on a lot shall be equal to or greater than the height of the taller building, except that the buildings may be attached by an enclosed walkway.

      F.   Underground Utilities. All public utility lines and similar facilities servicing the proposed development and its area shall be installed underground and electric transformers shall be installed underground or within the walls of a completely enclosed building.

      G.   Staged Development. If the development is to be carried out in stages, each stage shall be so planned that the intent of this Ordinance shall be fully complied with at the completion of any stage.

      H.   Planned group development shall be subject to the regulations of the Township Subdivision and Land Development Ordinance.

      I.   When more than one building per lot is not specifically provided for in this Ordinance, multiple buildings on a single lot shall be permitted where the required lot, area, setback, impervious surface, yard, parking and other requirements for each individual use or building are provided for on the lot. The total lot area shall be equal to the required lot areas for the individual uses or buildings proposed.

(Ord. passed 10-2-2007, § 512)

   A.   Purpose. The Historic Resources Overlay District consists of those properties set forth in the Historic Resources List (Appendix B), and shall be a means to promote the general welfare of Springfield Township through the following goals.

      1.   To promote the retention of community character through preservation of the local heritage by recognition and protection of historic resources.

      2.   To establish a clear process by which proposed changes affecting historic resources are reviewed by the Springfield Township Zoning Officer and the Springfield Township Historic Commission.

      3.   To mitigate the negative effects of changes affecting historic resources.

      4.   To encourage the continued use of historic resources and facilitate their appropriate reuse and/or adaptive reuse or restoration.

      5.   To discourage the demolition of historic resources.

      6.   To implement the following sections of the Pennsylvania Municipalities Planning Code (MPC):

         a.   Section 603B.(5), which states that, “zoning ordinances may permit, prohibit, regulate, restrict, and determine protection and preservation of natural and historic resources.”;

         b.   Section 603G.(2), which states that, “zoning ordinances shall provide for protection of natural and historic features and resources.”;

         c.   Section 604(1), which states that, “the provisions of zoning ordinances shall be designed to promote, protect and facilitate any or all of the following: ...preservation of the natural, scenic and historic values…”; and

         d.   Section 605(2)(vi), whereby uses and structures at or near places having unique historical, architectural, or patriotic interest or value may be regulated.

   B.   Applicability of Regulations:

      1.   These Historic Overlay District regulations shall apply to all Springfield Township properties, structures, buildings, and cemeteries designated by this Ordinance as being of historic significance.

      2.   Historically significant properties governed by this Ordinance are delineated according to the criteria listed in C.2., classified as described in C.3., and listed in Appendix B).

      3.   The following activities are exempt from Historic Resources regulations:

         a.   Demolition of an accessory structure with a floor area of less than 300 square feet, except for smoke houses, summer kitchens, root cellars, which shall be regulated by this subsection.

         b.   Interior renovations. Removal of features (such as a rear porch) that do not harm the structural stability of the building.

         c.   Removal of features that are fewer than fifty (50) years old.

         d.   Relocation of a building within the Township.

      4.   The Historic Commission shall determine, when necessary, if accessory structures on sites listed in the Historic Resources List (Appendix B) by themselves have significant value.

   C.   General Provisions.

      1.   Identification. The inventory of Historic Resources for Springfield Township is contained in Appendix B).

      2.   Criteria for Determination. A building, structure, object, site or district may be eligible for inclusion on the Historic Resources Map and Historic Resources List (Appendix B), due to the fact that it:

         a.   is associated with events that have made a significant contribution to the broad spectrum of our local, state, or national history; or

         b.   is associated with the lives of people on a local, state, or national level, who were significant in our past; or

         c.   embodies the distinctive characteristics of a type, period, or method of construction, or that represents a significant and distinguishable entity whose components may lack individual distinction (a neighborhood or village for example); or

         d.   has yielded, or may be likely to yield, information important in history or prehistory (archeology).

         e.   meets the age criterion of fifty or more years.

      3.    Classifications of historic buildings or structures:

         a.   Class I: Building(s), structures, or sites of historical and architectural significance, being in original or near original condition, or with historically sensitive restorations, and which contribute to an understanding of the historical and architectural development of the township shall be included in this Class. Those buildings, structures or sites on, or eligible for inclusion on, the National Registry of Historic Places, or are included in the Springtown Historic District, shall be included in this Class. In addition, those buildings and structures which possess the integrity of design, setting, materials, and workman-ship associated with local history and/or embody distinctive characteristics of a type, period, or method of construction shall be included in this Class.

         b.   Class II: Building(s) of historic significance contributing to an appreciation of the historical and architectural development of the township, and maintains most or many elements of the original architectural features and details, shall be included in this Class. Buildings and structures having alterations or additions that allow for restoration(s) to the appearance of original significant historical architecture, architectural features and details shall be included in this Class.

         c.   Class III: Buildings or structures of some historical significance, maintaining some elements of the original architectural details, and have alterations that allow for restoration(s) that approach the appearance of the original architecture shall be included in this Class.

         d.   Buildings, structures, or sites falling outside the scope of the above three Classes, but still meeting the criteria listed in section 2 (fifty or more years old), shall be included on the Historic Resources List (Appendix B) but shall not be assigned a Class per se.

      4.   Revisions: Every ten (10) years the Springfield Township Historic Commission shall review the Historic Resources List (Appendix B) and Map for needed revisions. Revisions are defined as additions to, deletions from the Historic Resource List (Appendix B) and Map, or changes in classification. Revisions shall not include routine list maintenance to update ownership information or to add information about a change that occurred to the building unless the change alters the historic character of the building.

   D.   Additions, Alterations, Rehabilitation and Reconstruction to Class I, II, and III Historic Resources:

      2.   Application Procedures: The completed application shall include a written description of the proposed alteration, addition, reconstruction, or rehabilitation, and where applicable:

         a.   a site plan at a scale to allow sufficient detail for review

         b.   schematic architectural drawings of the proposed construction

         c.   materials list, color samples, and disposition of materials to be removed

         d.   photographs of the building(s) or structure(s) shall include the date taken, owner’s name, address and tax parcel number written legibly on the back of each.

      3.   Review Procedures:

         a.   Completed applications shall be received one (1) week prior to the next regularly scheduled meeting of the Springfield Township Historic Commission to be placed on the agenda for review at that meeting.

         b.   Applicant Notification: At the time the completed application is submitted, the Applicant shall be notified of the date, time and place at which the Historic Commission will review the application. The Applicant or designated representative may attend the meeting to comment on the application.

         c.   The recommendations of the Springfield Township Historic Commission shall include findings of fact related to the specific proposal.

         d.   Within five (5) business days of the meeting the Historic Commission shall submit their written recommendations to the Zoning Officer for a decision as to:

            (1)   approval of the application

            (2)   denial of the application

            (3)   approval of the application subject to specified changes and/or conditions to bring the proposed activity into compliance

   E.   Additional Use Opportunities for Historic Resources: In addition to the uses allowed in the established Zoning Districts under this Ordinance (See Uses by Zoning District Summary, see Appendix A), Class I, II, and III Historic Resources, in order to encourage preservation, shall be eligible for additional use opportunities as described herein:

      1.   Uses permitted by right:

         a.   B-9 Residential conversion in Zoning Districts: RR, AD, RP, DD, WS

         b.   C-6 Library or Museum in Zoning Districts: RR, RP, AD, WS

         c.   C-11 Private Organizations, not including tavern or shooting range in Zoning Districts: AD, RP, WS, RR

         d.   D-1 Medical Office in Zoning Districts: RR, AD, RP, VR

         e.   D-2 Office in Zoning Districts: RR, AD, RP, VR

      2.   Permitted Conditional uses:

         a.   B-1 Boarding House (owner on premises) in Zoning Districts VC, HC

         b.   B-6 Apartments outside of a Performance Subdivision (owner not on premises) in Zoning District: VR

         c.   C-2 Commercial School in Zoning Districts: AD, RP, DD, WS

         d.   C-3 Day Care Center in Zoning Districts: AD, RP, DD, WS

         e.   D-3 Veterinary Office or Clinic in Zoning Districts: WS, RP, DD

         f.   E-6 Restaurant without drive through in Zoning Districts: WS, AD, RP, DD, VC

         g.   E-11 Bed and Breakfast in Zoning Districts: RR, AD, RP, DD

         h.   E-18 Retail Trade and Retail Services in Zoning Districts: RR, AD, RP, VR, HC

   F.    Demolition of Class I, II, and III Historic Resources:

      1.   General Requirements: Demolition, removal, or relocation of an historic resource shall be regulated in accordance with this Section. No historic resource shall be demolished, removed or otherwise relocated without a permit obtained under this provision, except for emergency demolition. Emergency demolition to protect the health, safety, and welfare of the citizens of Springfield Township and all others within the Township, are regulated under the Uniform Construction Code, or its successors and the provisions of that Code shall take precedence over the provisions contained herein.

         a.   Criteria for review: Applicants for a permit to demolish, remove, a Class I, II or III historic resource, in whole or in part, shall provide a written statement establishing the following: demolition is necessary due to the existing building not being able to be used for a permitted use within the underlying Zoning District;

         b.   the building is structurally unsound; or

         c.   the demolition is necessary to allow a project having substantial, special, and unusual public benefit, greatly outweighing the losses of the building(s) or structure(s) regulated by this Section. The Zoning Officer, with the recommendation of the Historic Commission shall determine whether the property owner has established one or more of the criteria listed herein.

      2.   Pre-Demolition requirements: In those instances where an application for demolition is approved, the Applicant shall allow the Township or designated expert representative to historically and photographically document the building(s) or structure(s) to be demolished. A period of not less than thirty (30) days shall be provided to permit the desired documentation prior to any demolition.

      3.   Demolition shall be completed within ninety (90) days of the issuance of the demolition permit.

   G.   New Construction:

      1.   Design guidelines: Basic Principles - The following shall apply to new construction in a Springfield Township Historic District. New construction shall retain the community’s historic character and shall achieve architectural compatibility with surrounding buildings and structures through appropriate massing, shape, size, materials, orientation, setback, and the like. Therefore as to:

         a.   size, scale and proportion - new construction should relate to the dominant proportions, size, and scale of any adjacent and nearby buildings.

         b.   building materials should be compatible with those of the buildings in the surrounding area. Traditional materials that are common to the area, such as brick, wood, and stone are preferred but more modern materials that replicate older (original) materials, but are more durable, shall be permitted.

         c.   the rhythm and patterns of facades along the street and the components thereof should be maintained in the new design. Large buildings can be divided into bays to reflect rhythms exhibited by smaller surrounding structures.

         d.   cornice and floor-to-floor heights should match those dominant in the adjacent and surrounding buildings and structures, or incorporate detailing to suggest those heights.

         e.   new construction should incorporate window and door openings typical of those in adjacent and surrounding buildings and structures.

         f.   principal facades of new construction should face the same direction as other existing buildings on the street or as indicated by the predominant patterns of the surrounding area.

         g.   new construction shall not be placed in a way that adversely affects a historic resource or streetscape in terms of poorly designed proximity or visual incongruities.

(Ord. 191, passed 1-8-2019)

   1.   U. The purpose of the SD Scenic Overlay District is to encourage use of the land which will be compatible with the rural character of the Township, and which will protect the following scenic values: (A) the scenic character of the Township, (B) the entrances to historic villages of the Township, (C) scenic vistas from roadways, and (D) to encourage orderly development which is sensitive to the landscape.

   2.   Overlay Concept.

      A.   The SD Scenic Overlay District is an overlay district. It does not change the underlying density, use, or area and dimensional requirements nor is it intended to reduce the development opportunities that would otherwise be permitted by this Ordinance. These procedures do not apply to the following uses:

         (1)   A-1 Agriculture.

         (2)   B-11a Single-Family Detached Dwelling (< five lots).

         (3)   B-13 Subdivision Creating Large Lots.

      B.   The special review procedures set forth herein apply to those properties that lie in whole or in part within the Scenic Overlay District. The Scenic Overlay District is defined as including all properties that are adjacent to the scenic district roadways as shown on the Zoning Map (Appendix C) and all properties that can be seen from scenic district roadways as identified through the Site Analysis and Resource Conservation Plan required by the Springfield Township Subdivision and Land Development Ordinance.

   3.   Procedures.

      A.   Scenic Resource Mapping. Applications for development on properties that lie in the scenic district shall be accompanied by a map showing the following:

         (1)   Historic resources–historic sites, buildings and landmarks.

         (2)   Working farms.

         (3)   Location and types of vegetation, including hedgerows, stands of mature trees, meadows, cultivated fields.

         (4)   Scenic vistas from roadways of streams, valleys, fields, and hillsides.

      B.   Visual Analysis. Applications for development on properties that lie in the Scenic Overlay District shall be accompanied by an analysis and sketches of the existing views from major roads and an analysis and sketches of the views from major roads as they would appear after the proposed development is constructed.

   4.   Performance Standards.

      A.   New development shall be sited so as to minimize disturbance of scenic views of the landscape from a public road where possible. Use of exterior materials with an historic appearance and earth-tone colors is recommended.

      B.   Existing tree lines along a public road shall be preserved where possible, or replacement with new tree lines that serve a similar purpose.

      C.   Where historic sites or structures are visible from a public street, the views of these areas shall be preserved where possible.

      D.   Significant landscape forms, such as hedgerows, hillsides, and stream valleys should be integrated into the proposed development as buffers, lot lines, or focal points in the development.

      E.   Developments proposed for the areas along roads leading into the villages of Pleasant Valley, Springtown, Zion Hill, and Passer shall be designed with consideration given to the view of the village from the entrance road.

      F.   Where the preservation of scenic views may require a greater intrusion into areas of natural resource restrictions due to steep slopes and woodlands, the Board of Supervisors, upon favorable recommendation by the Township Planning Commission, may allow a reduction in the required protection ratio for steep slopes and woodlands in order to accommodate the protection of views.

      G.   No billboards are permitted along the public streets that define the Scenic Overlay District.

(Ord. passed 10-2-2007, § 514)

   1.   Any subdivision resulting in five or more lots shall utilize an internal street, as opposed to having driveways entering onto a through street that existed prior to December 28, 1975. Lane or flag lots are prohibited.

   2.   For each tract of land in existence as of December 28, 1975, no more than four total new lots shall have been created since December 28, 1975, that are not served by such an internal street. Any additional new lot beyond such limit of four new lots that is proposed from such a tract shall be served by a new internal street, unless the applicant proves to the satisfaction of the Board of Supervisors at the time of a subdivision plan review that the use of a new or extended internal street is not possible. The Township may require that a provision be included on the deed of a new lot stating that the driveway must be relocated from a public through-street to a new or extended internal street if such access would be available in the future.

   3.   If an internal street is being extended or constructed, the developer shall provide an opportunity for owners of adjacent lots to connect a new driveway to the internal street if that lot owner agrees to close their driveway onto an existing public through-street.

   4.   New lots with rear yards abutting a public street must meet the reverse frontage buffer requirements of § 504 of this Ordinance.

   5.   If only a portion of a tract of land is proposed for subdivision at the present time, the Township may require that the applicant provide a concept plan of the entire tract to show how internal street access could be efficiently provided in the future.

(Ord. passed 10-2-2007, § 515)

   1.   Purposes. In addition to serving the overall objectives of this Ordinance, this Section is intended to minimize threats to the quality of groundwater and surface water, particularly those water features that affect public water supply wells and concentrations of private wells. This Section is also intended to assist in oversight to ensure compliance with Federal and State environmental protection regulations that could affect water quality.

   2.   Overlay Districts. This Section establishes two overlay districts that overlay the conventional underlying zoning districts. One overlay district is the SW Source Water Protection Overlay District, which shall include all areas designated as the Source Water Protection Area on the Source Water Protection Map (Appendix D) that is part of this Ordinance. The second overlay district is the WP Wellhead Protection District, which shall include all land within a 400 feet radius of a public water supply well. Within the two overlay districts, when two provisions of this Ordinance apply to the same manner, whichever provision is more restrictive upon the use and development of land and structures shall apply.

   3.   Prohibited Uses in WP. The following uses are prohibited within the WP Wellhead Protection Overlay District:

      A.   Medical offices, veterinarian clinics, and funeral homes.

      B.   Sewage treatment facilities with on-site disposal of primary or secondary treated effluent in excess of 5,000 gpd.

      C.   Bulk storage and mixing of pesticides and fertilizers.

   4.   Prohibited Uses in SW and WP. The following uses are prohibited within the SW Source Water Protection Overlay District and the WP Wellhead Protection Overlay District:

      A.   Bulk storage of regulated substances, as established by subsection .5 below.

      B.   Dry cleaning establishments, other than pickup and drop off locations.

      C.   Auto repair garage or auto service station.

      D.   Manufacturing involving bulk use or mixing of highly hazardous or toxic chemicals.

      E.   Junk yards.

      F.   Land application of wastewater and sludges.

      G.   Metal plating establishments.

      H.   Open burning sites and dumps.

      I.   Mineral extraction.

      J.   Bulk storage of road salt.

      K.   Sales, storage, or disposal of fuels or hazardous chemicals.

      L.   Solid waste landfill, solid waste-to-energy plant or solid waste transfer facility.

      M.   Bulk storage of flammable liquids and gases for off-site use.

      N.   Uses which involves as a principal activity the manufacture, storage, use, transportation or disposal of toxic or regulated substances.

      O.   Uses which involves toxic and regulated substances in quantities greater than those associated with normal household use.

      P.   Motor vehicle sales area.

      Q.   Cleaning of trucks that transport regulated substances.

      R.   Outdoor stockpiles of industrial materials.

      S.   Open burning of materials containing hazardous substances.

      T.   Battery manufacturing or recycling.

      U.   Metal drum recycling or reprocessing.

      V.   Slaughterhouse, animal rendering or tannery facility.

      W.   Underground injection well.

      X.   On-site disposal of hazardous substances.

   5.   Regulated Substance Limitations.

      A.   The use, storage, manufacture, or disposal of regulated substances as provided on the following Regulated Substances List is prohibited within the WP and SW Overlay Districts, except as provided under the general exceptions provision of this Section:

 

 

      B.   See also regulations of the Springfield Township Floodplain Ordinance regarding storage within an identified floodplain area.

(Ord. 179, passed 2-24-2015)

   6.   General Exceptions.

      A.   Many operation and maintenance activities require the use, storage, and transport of regulated substances in quantities or in a manner that do not pose a significant threat to water quality. The following general exceptions specify those activities that are permitted by right within the WP and SW Districts and do not require a special exception or variance.

         (1)   Exceptions for Transit. The transportation of any regulated substance through the WP or SW Districts shall be exempt from the provisions of this regulation provided the transporting motor vehicle is in transit. This exception shall not apply to on-site storage or overnight parking.

         (2)   Exceptions for Application of Pesticides, Herbicides, Fertilizers, Fungicides, and Rodenticides. The application of regulated substances used as pesticides, herbicides, fertilizers, fungicides, and rodenticides in recreation, agriculture, pest control, and aquatic weed control activities shall be exempt from the provisions of this regulation provided that:

            (a)   The application shall be in strict conformity with the use requirement as set forth in the substances EPA registries and as indicated on the containers in which the substances are sold.

            (b)   When a certified operator is required under Federal or State regulations, the application of any of the pesticides, herbicides, fertilizers, fungicides, and rodenticides shall be noted in the records of the certified operator. Records shall be kept of the date and amount of these substances applied at each location and said records shall be available for inspection.

            (c)   The application of pesticides, herbicides, fertilizers, fungicides, and rodenticides for nonresidential or nonagricultural purposes shall comply with State and/or Federal requirements for permits and/or certifications. Application of these substances in the no disturbance riparian buffer is prohibited. Application within the minimal disturbance riparian buffer or wetlands is also prohibited except for agricultural purposes.

            (Ord. 156, passed 4-27-2010)

         (3)   Exemption for Retail/Wholesale Sales Activities. The storage and re-sale by retail/wholesale sales of regulated substances in their original unopened containers shall be exempt from the provisions of this Section.

         (4)   Exceptions for Office and Commercial Uses. Office and commercial use of regulated substances below the aggregate sum per month not exceeding 25 gallons where said substance is a liquid or 220 pounds where said substance is a solid shall be exempt from the provisions of this Section, provided however, that office and commercial uses that store or handle quantities of regulated substances exceeding on a monthly basis 25 gallons liquid or 220 pounds solid shall be need special exception approval within the WP District.

         (5)   Exception for Construction Activities. The activities of constructing, repairing, or maintaining any facility or improvement on lands within WP and SW Districts shall be exempt from the provisions of this regulation provided that all contractors, subcontractors, laborers, material and their employees when using, handling, storing, or producing regulated substances in the WP and SW Districts use those applicable Best Management Practices.

         (6)   Exception for Household Use. In addition to the exemptions provided for in paragraph .A(2) above, the household use of regulated substances below the monthly aggregate sum not exceeding 25 gallons where said substance is a liquid or 220 pounds where said substance is a solid shall be exempt from the provisions of this regulation provided, however, that household uses that store or handle quantities of regulated substances exceeding 25 gallons liquid or 220 pounds solid shall be need special exception approval.

         (7)   Exception for Municipal Use. Use by the Township of regulated substances is exempt from this Section, provided there is compliance with Federal and State environmental regulations.

         (8)   Exception for Underground Storage of Oil(s). The underground storage of oil(s) used for heating fuel shall be exempt from the provisions of this regulation provided, however, that the container used for said storage shall be located within an enclosed structure (i.e., secondary containment or any currently approvable containment technology) sufficient to preclude leakage of oil to the external environment and to afford routine access for visual inspection (e.g., cement floored basement), and sheltered to prevent the intrusion of precipitation. Any container used for the underground storage of oil that is out of service for more than 1 year shall be removed. Any liquid residue shall be removed and all connecting line or pipes securely capped or plugged. No underground storage tank shall be installed in the 100-year floodplain, any riparian buffer or wetland.

         (Ord. 156, passed 4-27-2010)

         (9)   Exception for Aboveground Storage of Oil(s). The aboveground storage of oil(s) used for heating fuel shall be exempt from the provisions of this regulation provided, however, that the container used for said storage shall be located over an impervious pad or container sufficient to capture spills and leakage of oil to the external environment and to afford routine access for visual inspection and sheltered to prevent the intrusion of precipitation. Aboveground storage of oils shall be located as far away from the public water supply wells as possible. No above ground bulk storage of oil shall occur in the 100-year floodplain, any riparian buffer or wetland.

         (Ord. 156, passed 4-27-2010)

   7.   Nonconformities. Any of the land uses, facilities, and/or activities identified in subsection .3 or .4, lawfully in existence within the WP or SW Overlay Districts prior to the effective date of this Ordinance, may continue to exist on the parcel upon which it is located subject to meeting existing Federal, State, and local regulations including the requirements described in subsections .8 and .9 below.

   8.   Design Standards.

      A.   Industrial, Commercial, and Manufacturing Facilities.

         (1)   The following design standards apply to industrial, commercial, and manufacturing facilities that operate within the WP Wellhead Protection Overlay District:

            (a)   Facilities which store, process, convey, and/or contain regulated substances shall be designed in such a manner to prevent discharges of regulated substances to the environment and meet applicable regulatory requirements (i.e., Occupational Safety and Health Agency (OSHA) standards, Building and Fire Codes, National Institute of Occupational Safety and Health (NIOSH) standards, EPA and PADEP requirements, etc.)

            (b)   Regulated substances storage areas shall be designed with containment structures capable of containing 100 percent of the volume of the largest storage container.

            (c)   No on-site floor drains shall be permitted, unless they drain to a secure tank, the contents of which are regularly pumped and properly disposed.

            (d)   Outside storage of regulated substances in drums shall not be permitted unless stored on containment structures capable of containing 100 percent of the volume of the largest storage container.

      B.   Underground Storage Tanks.

         (1)   The following design standards apply to underground storage tanks that operate within the WP and SW Overlay Districts:

            (a)   The design and construction of underground storage facilities shall be in accordance with applicable Federal and State requirements including the rules and regulations of PADEP.

            (b)   The tank shall be constructed of fiberglass-reinforced plastic, or fiberglass- reinforced plastic composite.

            (c)   The tank and associated tank piping shall provide for secondary containment for release detection purposes which may include double-walled tanks and piping, a concrete vault in which the tank and piping is placed, or an impermeable liner in the excavation zone in which the tank and piping is placed.

            (d)   The tank shall be equipped with spill and overfill prevention equipment and a leak detection system.

      C.   Aboveground Storage and Tanks.

         (1)   The following design standards apply to aboveground storage tanks that operate within the WP and SW Overlay Districts:

            (a)   The design and construction of aboveground storage tanks shall be in accordance with applicable Federal and State regulations.

            (b)   Aboveground storage tanks shall be provided containment facilities meeting the following design requirements:

               1)   The containment device shall be large enough to contain 100 percent of the volume of the tank, in cases where a single tank is used to store, handle, use, or produce a hazardous material. In cases where multiple tanks are used, the containment device shall be large enough to contain 100 percent of the volume of the aggregate tank volumes.

               2)   All containment devices shall be constructed of materials of sufficient thickness, density, and composition to prevent structural weakening of the containment device as a result of contact with any hazardous material and shall be capable of containing any accidental release for at least a period sufficient to allow detection and removal of the material. Provisions shall be made for monitoring, testing, and immediate removal of accumulated precipitation.

            (c)   The design of the tank shall meet applicable technical standards for the specific type and class of tank as set forth in the applicable Underwriters Laboratory Standards No. 142 by the American Petroleum Institute (API), by the American Water Works Association (AWWA), or by the Society of Mechanical Engineers (ASME). The tanks shall be fabricated, tested, and installed in accordance with the appropriate codes and standards applicable to the material to be stored therein.

            (d)   The tank shall be designed with monitoring standards consistent with the manufacturer’s specifications.

            (e)   The tank shall be tested as required by Federal and State codes and standards.

            (f)   The tank and containment area shall be protected by a security fence.

      D.   Agricultural Operations. The following design standards apply to agricultural operations within the WP and SW Overlay Districts:

         (1)   The keeping of livestock shall be consistent with regulations provided in Section 404 A-1, A-5 and H-5.

         (2)   A concentrated Animal Feeding Operation (CAFO) is a prohibited use in the WP Overlay District, and permitted as a conditional use in the SWP Overlay District.

         (3)   The storage of pesticides, other than that typical for household use, is prohibited in the WP Overlay District. Storage of pesticides in the SWP Overlay District must comply with regulations provided in Title 15, Chapter 151 (Floodplains) of this Code.

         (4)   The storage or spreading of manure is prohibited in the WP Overlay District. Storage of manure in the SWP Overlay District must comply with regulations provided in Title 15, Chapter 151 (Floodplains) of this Code.

      E.   On-Lot Wastewater Disposal Facilities. The following design standards apply to on-lot wastewater disposal facilities within the WP and SW Districts:

         (1)   Residential and nonresidential wastewater treatment systems must meet all applicable State, county, and local codes and regulations and must be designed and operated to not cause the average concentration of nitrate-nitrogen in groundwater recharged on the property to exceed 10 milligrams per liter.

         (2)   All new wastewater treatment systems must maintain a minimum setback distance of 100 feet from public water supply wells, or DEP requirements, as amended. A larger distance should be provided where feasible.

      F.   Stormwater Management Facilities. The following design standards apply to stormwater management facilities within the WP and SW Overlay Districts:

         (1)   Stormwater management facilities including drainage swales, detention ponds, and retention ponds shall be designed in a manner to provide optimal protection of the groundwater resources consistent with applicable Township and PADEP requirements and guidelines.

         (Ord. 156, passed 4-27-2010)

      G.   Wells. The following design standards apply to well drilling in the WP and SW Overlay Districts:

         (1)   The drilling of public and individual water supply wells and irrigation wells shall meet the requirements of PADEP and the County Health Department.

         (2)   Any well that is not longer used shall be capped in a manner that avoids entry of surface contaminates into the well.

      H.   Sinkholes. The following design standards apply to sinkholes in the WP and SW Overlay Districts:

         (1)   It shall be the responsibility of the properly owner to repair sinkholes in a manner which will prevent the direct inflow of surface water into the groundwater. This will require the filling of the sinkhole with concrete, stone, or other appropriate fill.

         (2)   See also the Carbonate Geology provisions of § 509.

   9.   Operating Requirements.

      A.   Industrial, Commercial, and Manufacturing Facilities.

         (1)   The following requirements apply to industrial and commercial uses within the WP and SW Overlay Districts:

            (a)   Owners of facilities shall apply to the Zoning Officer for a Wellhead Protection Area Operating Permit within 180 days from the effective date of this Ordinance or before starting operation of a new facility. All permits shall be renewed annually thereafter. The permit application shall contain:

               1)   A list of all regulated substances, including their quantities, which are stored, handled, used, or produced at the facility being permitted. This information should be consistent with public disclosure and reporting requirements in the Superfund Amendments and Reauthorization Act of 1986 (SARA) Title III.

               2)   A detailed description of the activities conducted at the facility that involve the storage, handling, use, and/or production of regulated substances. Included with this information shall be a description of the containment structures for hazardous material storage.

               3)   A detailed description of disposal procedures for regulated substances and wastes and name, address, and telephone number of any waste haulers used.

               4)   A site map showing the location of the facility and its property boundaries and the locations where hazardous substances are stored, handled, used, and produced.

               5)   A contingency and emergency response plan that includes procedures to be followed to prevent, control, collect, and dispose of any accidental spill or unauthorized release of a hazardous material.

               6)   An environmental audit identifying areas of noncompliance with existing Federal, State, and local regulations concerning groundwater protection. A discussion of the plans to address areas of noncompliance must be included as part of the audit.

               7)   Prepare Best Management Practices (BMPs) and procedures for the daily in- house inspection and maintenance of areas where regulated substances are stored, handled, used, and/or produced. Such procedures shall be in writing and a log shall be kept of all inspection and maintenance activities. Such logs shall be available for inspection by the Zoning Officer.

               8)   A detailed description of how the facility plans to comply with Federal, State, and local stormwater regulations.

               9)   Provide a detailed description of how the facility plans to comply with the above design standards.

      B.   Underground Storage Tanks.

         (1)   The following operating requirements apply to underground storage tanks that hold regulated substances or fuel in the WP and SW Overlay Districts:

            (a)   Owners of underground storage tanks shall apply to the Zoning Officer for a Wellhead Protection Area Operating Permit within 180 days from the effective date of this Ordinance or before starting operation of a new tank. All permits shall be renewed annually thereafter. The permit application shall contain:

               1)   Description of the tank including age, size, and location at the facility.

               2)   Description of the type and quantity of material stored in the tank.

               3)   Documentation that the tank is in compliance with existing Federal, State, and local regulations including any leak tests performed on the tank.

               4)   Documentation that the tank is properly registered as required by Federal and State regulations.

            (b)   Leak detection systems shall be checked for evidence of a release at least every 30 days.

            (c)   Existing tanks shall be upgraded as required to meet applicable Federal and State regulations.

            (d)   Owners shall meet Federal and State requirements for release detection recordkeeping, reporting, and notification.

            (e)   Provide a detailed description of how the owners plan to comply with the above design standards.

      C.   Aboveground Storage, Tanks.

         (1)   The following operating requirements apply to aboveground storage tanks that hold fuel or regulated substances within the WP and SW Overlay Districts:

            (a)   Owners of aboveground storage tanks shall apply to the Zoning Officer for a Wellhead Protection Area Operating Permit within 180 days from the effective date of this Ordinance or before starting operation of a new tank. All permits shall be renewed annually thereafter. The permit application shall contain:

               1)   Description of the tank including age, size, and location at the facility.

               2)   Description of the type and quantity of material stored in the tank.

               3)   Documentation that the tank is in compliance with existing Federal, State, and local regulations.

               4)   Copy of Spill Prevention Response Plan consistent with applicable Federal and State regulations and requirements.

            (b)   Existing tanks shall be upgraded as required to meet applicable Federal and State regulations.

            (c)   Owners shall meet Federal and State requirements for release detection recordkeeping, reporting, and notification.

            (d)   Provide a detailed description of how the owners plan to comply with the above design standards.

      D.   Agricultural Operations. The following operating requirements apply to agricultural lands that operate within the WP and SW Overlay Districts:

         (1)   Owners of lands utilized for agricultural production shall comply with the Pennsylvania Nutrient Management Act, 3 Pa.C.S.A. §§ 501 et seq. and accompanying State regulations.

         (2)   Agricultural operations shall utilize integrated pest management techniques to minimize the risk to groundwater systems associated with the application of pesticides and herbicides.

         (3)   The Township may require proof of compliance with Federal pesticide regulations.

   Cooks Creek Watershed Overlay District (CCW). Reserved for future use.

(Ord. passed 10-2-2007, § 516; Ord. 156, passed 4-27-2010, §§ 37–41; Ord. 179, passed 2-24-2015, Art. V; Ord. 191, passed 1-8-2019)